Rivers State chapter of the All
Progressives Congress (APC) has been thrown into confusion as a high court in
Port Harcourt on Wednesday nullified the nomination of Mr Tonye Cole as the
governorship candidate of the party in the state on grounds that his nomination
is a function of illegality and unconstitutional acts.
The court also nullified the the
APC senatorial, House of Representatives and House of Assembly primaries
conducted on the premise of the illegal ward congresses.
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 a judgment delivered by
Justice Chiwendu Nwogu on Wednesday, in a suit filed by Ibrahim Imah and 22
others against the APC, the court declared that the ward congresses of the
party were illegal because they were not conducted in line with the APC
guidelines and constitution
Justice Nwogu set aside the ward
congresses of the party held on May 19, 2018, local government congresses of
May 19, 2018 and State Congress of the party held on May 21, 2018.
He stated that all actions taken
by the APC during the pedancy 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
judgement on the Amaechi versus INEC Matter of 2007, noted 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.
Before the delivery of the
judgment, a counsel to the APC, Prince OSM Azunda moved a motion to arrest the
judgment.
However, Justice Nwogu dismissed
his application which he termed as a ploy to arrest the judgement.
Following the judgment, the APC
no longer has a candidate for the governorship, Senate, House of
Representatives, House of Assembly elections in the forthcoming 2019 general
elections.
The APC also has no state working
committee, local government working committees and ward executives.
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