As you are all by now aware, the Appeal Court, yesterday, June 21, 2018, granted a stay of execution of the Order of Interlocutory Injunction made by the High Court of Rivers State on Friday, May 11, 2018 as prayed by the Appellant’s Counsel in the ongoing case of Ibrahim Umah and 22 Ors who were unlawfully excluded from the State Congresses as they were refused Nomination Forms even after they paid for them.
Following this Ruling, it is now being bandied about that the Ojukaye – led Exco has been validated by the Court of Appeal. That the Stay of execution granted relates to the Ojukaye-led illegal Exco. This is delusional and dangerously misleading.
We state the following as the true state of affairs:
1. On Friday, 11 May 2018, 23 APC Rivers members who alleged that they were denied nomination forms to contest the Ward Congresses after paying for them, filed an action in the State High Court challenging their denial from participation. They also prayed for injunction that no further congress should be held.
The Court granted the injunction on Friday, May 11, 2018. Please find attached a copy. The Party, nonetheless, proceeded with the banned LGA congress on May 12, 2018. Subsequently, it cancelled the May 5, 2018 Ward congress and May 12, 2018 LGA congress and rescheduled and held purported congresses as follows: Saturday, May 19, 2018, (Ward Congresses) Sunday, May 20, 2018 (LGA Congresses) and Monday, May 21, 2018 (State Congress).
2. The aggrieved 23 litigants then complained to the High Court via a motion for mandatory injunction to void those congresses. The Court did, granting a mandatory injunction on May 30, 2018. The same is attached.
3. Thus, there were two (2) Orders. It is noteworthy that the May 30, 2018 Order cancelled the entire Congresses while the one of Friday, May 11, 2018 only put on hold future Congresses.
4. With these two Orders, the APC or the faction representing it, filed an appeal and brought a Notice of Motion challenging only the May 11, 2018 Order.
5. The Appellant now brought a motion, praying the Court for: “Staying the Execution or further execution of the Order of Injunction contained in the Ruling/Decision of Rivers State High Court Port Harcourt Judicial Division, delivered on the 11th of May, 2018 by C. Nwogu J, in Suit No. BHC/78/2018 between Ibrahim Umah & 22 ors Vs. All Progressives Congress, APC, pending the hearing and determination of the Appellant/Applicant’s Appeal against the Ruling of the lower Court of 11 May 2018 in this Honourable Court.” Find enclosed the said Appellant’s motion (prayers 1 & 2 thereof).
6. As can be seen, all the issues agitated in the Court of Appeal culminating in the Ruling now being used to hoodwink the public, relate to and concern ONLY the May 11, 2018 Order and NOT the 30 May 2018 Order. The party itself, cancelled the congresses held after that day even before the Mandatory Order.
7. The Honourable Court of Appeal after hearing all the parties, refused to stay proceedings of the matter in the lower Court and granted the prayer for stay of execution of the Order of May 11, 2018. Nothing was said of the May 30 Mandatory Order of Injunction as it was not part of the proceedings of the Court of Appeal.
The effect of the above Ruling of the Court of Appeal does not touch on or concern, even remotely, the High Court Order of May 30, 2018 Ruling which voided all the congresses of Saturday May 19, Sunday 20 May and Monday May 21, 2018. That Ruling is still potent and intact. In fact, it was only on June 12, 2018, that the Appeal against it was filed and it is yet to be heard by the Court of Appeal. Please see a copy of the Notice of Appeal against the 30 May Ruling.
It is therefore utterly curious to hear even those who ought to know better, saying that there was a stay of execution as to admit the Ojukaye led Exco and all other Excos who are subject of the May 30 Orders to legal reckoning.
Please, find enclosed the Order of May 30, 2018.
The position of the matter remains as stated in The Nation Newspaper of June 19, 2018, by our Working Committee.
Please sir, be accordingly guided.
Thank you.
Prince Peter ODIKE, JP
Ag State Chairman, APC
