2019: Confusion hits Rivers APC over court nullification of primaries

2019: Confusion hits Rivers APC over court nullification of primaries

Wednesday, October 10, 2018 4:21 pm


 

Okafor Ofiebor /Port Harcourt

The Rivers chapter of All Progressives Congress, APC was thrown into confusion on Wednesday as a  High Court in Port Harcourt  nullified the nomination of Mr Tonye Cole as its governorship candidate for the  2019 general elections  on the ground that his nomination is a function of illegality and unconstitutional acts.

The Court also nullified the Rivers State APC Senatorial, House of Representatives and House of Assembly Primaries conducted on the same premises.

The High Court further nullified all the elections of Rivers APC Ward Executives, Local Government Executives and State Executive Committee that arose from the illegal ward congresses.

In the judgment delivered by Justice Chiwendu Nwogu in a suit filed by Ibrahim Imah and twenty-two others against the APC, the Court declared that the ward congresses of Rivers APC were illegal because they were not conducted in line with the APC Guidelines and Constitution

Justice Nwogu set aside the ward congresses of Rivers APC on May 19,2018, Local Government Congresses of May 19, 2018 and State Congress of the party of May 21, 2018.

He stated that all actions taken by the APC during the pendency of the suit have been set aside because they are illegal and unconstitutional.

Justice Nwogu declared that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19, 2018, but were unjustly excluded by the party.

He said: “The Rule by might must be checked by the rule of law. We must restore the hope of the common man in the justice system,” Justice Nwogu who based his judgment on the Amaechi versus INEC Matter of 2007 noted.

He added that having studied the submissions in the matter, he was bound to make consequential orders to ensure that justice was done in the case.

He stated that the High Court has jurisdiction to entertain the matter as an Appeal filed by the respondents at the Court of Appeal, Port Harcourt to stop proceedings on the suit was rejected by the Appellate Court on September 21, 2018.

He stated that all through the hearing, the APC filed no counter-affidavit, denying the facts of the matter as presented by the applicants in the originating summons.

Justice Nwogu said that it is trite law that facts not disputed are deemed admitted.

On the suit filed in an Abuja High Court by a faction of the APC , Justice Nwogu declared that the court is of coordinate jurisdiction with the High Court in Port Harcourt and cannot sit in appeal over it.

He added that the suit filed by Ibrahim Imah, preceded that of the Abuja High Court by a faction of the Rivers State APC.

Earlier before the delivery of the judgment, a counsel to the APC, Prince OSM Azunda moved a motion seeking to stop the delivery of the judgment.

However, Justice Nwogu dismissed his application which he termed as a ploy to arrest the judgment.

Meanwhile, the camp of Governor Nyesom Wike of the opposition PDP has been thrown into frenzy of excitement with the judgment as it believed that  APC no longer has a candidate for the governorship, Senate, House of Representatives, House of Assembly Elections in the forthcoming 2019 General Elections with the pronouncement of the court.

 


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