Breaking: Appeal Court buries Tonye Cole’s ambition, upholds high court judgment

Ugochukwu Iwuchukwu

The court of appeal sitting in Port Harcourt, on Wednesday, struck out an appeal against the judgement of the Rivers State High Court which nullified the congresses conducted by the Rotimi Chibuike Amaechi’s faction of the All Progressives Congress in Rivers State.

The Special Appeal Penal sitting led by Justice CN UWA while delivering the judgment, upheld the decision of the lower court.

Recall that Justice Chiwendu Nwogu of the Rivers State High Court, on May 30, nullified all the congresses conducted by the Rotimi Chibuike Amaechi’s faction of the party.

Justice Nwogu in his ruling said the party disobeyed an earlier order of the High Court of May 11 which stopped the Amaechi’s faction from conducting congresses.

The Amaechi’s faction had gone to the Court of Appeal to set aside the nullification of the May 2018 ward and local government congresses it conducted but the Appellant Court in its wisdom struck out the case due to lack of merit

The lead judge while reading the judgment held that it cannot go into the merit of the matter because it might be an academic exercise that will not have any effects.

The Judge also described the appeal as a pre-election matter and relied on the decisions of others courts in the matter.

“The case in the lower court is a pre-election matter, we can’t go against the Apex Court decision. Our hands are tied”

The Judge also said the appeal lacks competence and that the judgment of the lower court is hereby upheld.

Lawyer to the Magnus Abe-led APC, Henry Bello said the judgment automatically nullified the indirect primaries conducted by the Ojukaye Flag Amachree led APC.

Lawyer to Ojukaye Amachree led APC, Wisdom Jerome said they will appeal the matter at the Supreme Court.

Our correspondent reports that the judgment triggered wild jubilation among followers of the Magnus Abe-led APC.

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