Supreme Court Sets Asides Appeal Court’s Decision on Rivers APC Congresses

The Supreme Court has set aside the decision of the Court of
Appeal, Port Harcourt Division, which permitted the conduct of
congresses by the All Progressives Congress (APC) in Rivers
State.

The order of the Appeal Court issued on June 21, 2018 against
the ruling of a Rivers State High Court was voided by the apex
court on the grounds that the appellate court acted in bad
faith.

Justice Centus Nweze, in a judgment in an appeal filed by one
Abdulahi Umar and 22 other aggrieved members of the APC, held that
the Court of Appeal, ought not to have vacated the injunctive order
issued against the APC by the Rivers State High Court on the
conduct of the congresses.

Justice A. C. Nwosu of the Rivers State High Court had in an
exparte motion filed by Umar, restrained the APC from conducting
the congresses pending the determination of the suit instituted by
Umar, complaining against their exclusion from the party’s
congresses.

But while the injunctive order of the High Court was subsisting,
the APC went ahead and conducted the ward, local government and
state congresses on May 19, 20 and 21.

After the conduct of the congresses, the court of Appeal in a
ruling on an application by APC seeking stay of execution of the
High Court injunctive order and stay of proceedings of the main
suit, vacated the injunctive order and refused to stay hearing of
the substantive matter prompting Umar to complain to the Supreme
Court.

The Supreme Court in the judgment lambasted the Appeal Court for
judicially indulging APC and vacating the injunctive order in the
party’s favour when there is abundant evidence that the APC was in
contempt of court.

The apex court further held that the Court of Appeal ought not
to have granted its discretion in favour of APC because the party
was in grave violation of the order of the High Court.

Justice Nweze said that the Appeal Court has a duty to protect a
lawful subsisting order and ought not to have granted favourable
judicial discretion for a party that willingly disobeyed a valid
court order.

“It is unfortunate and wrongful for the Court of Appeal to have
entertained a party in contempt of a valid court order to the
extent of granting judicial favour by way of staying of execution
of an injunctive order when the party at the centre of the dispute
was in gross contempt of court.

“It is a serious matter for anyone to flout a court order and in
the instant case, it is clear that the respondent (APC) was in
grave disobedience to 2 lawful court orders,” the court held.

According to the court, it is sacrilegious, ill-fated and
suicide mission for the Court of Appeal to have departed from
various decision of the Supreme Court that any party in contempt of
court ought not to be granted judicial discretion and in this
matter Appeal Court is bound to follow Supreme Court final
decision.

He said, what is more, the refusal of the Court of Appeal to be
bound by the final decision of the Supreme Court is a gross
insubordination.

The apex court therefore nullified and set aside the decision of
the Appeal Court delivered on June 21, 2018.