APC Can’t Field Candidates In Rivers Elections, Supreme Court Rules

The Supreme Court on Friday in Abuja upheld the order of a
Federal High Court, Port Harcourt, nullifying the All Progressives
Congress primaries in Rivers State.

The trial court had held that the primaries were held in
disobedience to a court judgement barring the party from conducting
congresses pending the determination of a suit filed by 22
aggrieved members of the party.

The Apex Court in its judgement set aside the ruling of the
Court of Appeal, Port Harcourt, which in October 2018 upturned the
interlocutory order of the High Court.

In a unanimous verdict by a five-man panel of Justices, the
Supreme Court said the judgement sought to be upturned was entered
by consent and could not be appealed as a matter of right.

The Supreme Court invoked section 22 of its Act allowing it to
take over a matter and give a final judgment to decide on the
appeal.

In a lead judgement delivered by Justice Sidi Barge, the Apex
Court held that by virtue of section 11 Rule 5 of the Supreme Court
rules, the appeal against the High Court ruling, having been
withdrawn by the APC, was bound to be dismissed.

Justice Barge said since the Court of Appeal failed or evaded to
make dismissal pronouncement for the said appeal, the apex court
had no choice but to invoke section 22 of the Supreme Court Act to
assume jurisdiction over the case and decide on it.

He said, “It is my considered opinion that this appeal must be
given a decent burial. The appeal, having been withdrawn at the
lower court by the respondent, is deemed distilled.

“This is what the lower court failed or evaded to do. Therefore,
by virtue of section 22 of the Supreme Court Act 2004, the lower
court, having failed to exercise its powers provided under order 11
Rule 5, this court is bound to do so.

“Thus I’ll allow, the appeal and set aside the ruling of the
lower court dated October 31, 2018. I hereby dismiss Appeal No
CA/PH/198/2018, same having been validly withdrawn.”

At the trial court, the plaintiffs led by Ibrahim Umar on May
11, 2018, secured the interim injunction, which restrained the APC
from going ahead with the indirect primaries on May 19, 20 and 21,
which produced Tonye Cole as its governorship candidate and other
candidates to represent the party in the 2019 general
elections.

The APC had through its lawyer, Prince Lateef Fagbemi (SAN),
sought the Supreme Court to clear legal impediments against the
faction loyal to the Minister of Transportation, Mr Rotimi Ameachi,
and allow its list of candidates including Tonye Cole’s name.

The Ojukaye Flag-Amachree-led APC had appealed the ruling of
Justice Chiwendu Nwogu, which nullified the APC’s congresses in
Rivers State and the nomination of Tonye Cole as the party’s
governorship candidate.

The Federal High Court had restrained INEC from recognising any
candidate of the APC for the elections.

The court also nullified all nominations of the APC in the state
for the elections.

The court ruled specifically that the APC could not participate
in the governorship, Senate, House of Representatives and House of
Assembly elections during the polls in the state.

Justice Kolawole Omotosho, in his judgement in a suit filed by
Senator Magnus Abe and others against the Rivers State APC and
others declared that the party failed to respect the law and must
bear the consequences.

Abe sued the APC in the last quarter of 2018 alleging that the
party’s primaries in the state were marred by irregularities.

Omotosho held that the direct and indirect primaries of the
party were illegal, null and void.

According to him, the APC conducted the indirect primaries in
gross disrespect of the pending suit before Justice Chinwendu Nwogu
of the state High Court.

He noted that the judgment of Justice Chinwendu Nwogu nullifying
the primaries of the APC in Rivers had yet to be set aside by an
appellate court, hence it remained valid.

The judge held that the names sent by the Rotimi Amaechi faction
and the National Working Committee of the APC to INEC for the
elections were illegal and should be disregarded.

He also said the direct primaries conducted by the Abe faction
were illegal.

He said both factions had no leg to stand in view of the
judgment, hence both factions were disqualified from participating
in the elections.