The Appeal Court in Port Harcourt, on Wednesday, struck out the motion brought to it by both Rotimi Chibuike Amaechi’s faction of All Progressive Congress in Rivers State challenging the ruling of the Rivers State High Court.
The applications dismissed were those filed by the Ojukaye Flag-Amachree-led faction and Senator Magnus Abe-led faction of the party.
The applications struck out was a motion for joinder by Flag-Amachree, which was submitted to the court earlier, but was prayed to be dismissed by Mr Onyekwere Ozunda, who represented the APC state chairman, Flag-Amachree.
Also, the appeal panel, led by Justice Caroline Jumbo-Ofor, struck out motions filed on September 13 to regularise the respondent’s appeal of argument, motion for stay of proceedings filed on same date and further affidavit filed on October 2, based on the request of the lead counsel for the respondent (Ibrahim Umar and 22 aggrieved APC members) in the appeal, Henry Bello.
The Ojukaye Flag-Amachree-led APC had appealed the ruling of Justice Chiwendu Nwogu, which nullified the APC state congresses and the nomination of Mr.Tonye Cole as the party’s governorship flag bearer in the forthcoming general election.
Dr J. Olajoke, SAN, who is the recognised counsel for APC, had objected to the withdrawal of stay of proceedings dated September 13 and also opposed the motion of withdrawal of notice for enlargement of time.
Ruling on the withdrawal of the motions, the lead panel, Justice Caroline Jumbo-Ofor, overruled the objection by the applicant’s counsel.
