Lawyer to the candidate of the All Progressive Congress, APC, Tonye Cole and other APC Candidates in Rivers state, Chimenim Jerome, has said that Independent National Electoral Commission cannot release the list of candidates without including of APC candidates submitted by the party.
He made the statement at the court of appeal on Thursday after the adjourned for ruling, a suit which barred the electoral umpire from fielding candidates of the party for the 2019 election.
According to the counsel to Cole: “As soon as a motion stay of execution judgement is served on you, the law is that you do not do anything within the period you are served the motion to the period the motion is disposed one way or the other I know INEC will do the needful until the motion for stay is determined”
An Appeal Court sitting in Port Harcourt adjourned for hearing on the case involving the All Progressive Congress APC, Peoples Democratic Party PDP and INEC, on the stay of execution.
All Progressive Congress had lodged an appeal to the portharcourt division court of appeal challenging the judgment of JAMES OMOTOSHO of Federal High court, of APC not being eligible to participate in 2019 election in the state.
Counsel to 1st Respondent PDP oppossed the stay of excecution and filed an application challenging the validity record of the affadavit that APC compiled and filed to the court of appeal.
Counsel to APC pleaded that the court should give them time to file counter affadavit and appear in court.
In his ruling, Justice A.A GUMUL adjourned the case to 5th February for hearing of the pending applications, stressing that APC has up to 48 hours to file a counter-affidavit.
Speaking to our reporter Tina Amanda, counsel to PDP Dike Udenna, said the APC having not complied with the electoral act, is not eligible to participate in the elections, adding that APC cannot use a stay of execution to make an illegal order.
“The reason the matter is adjourned today is the counsel to APC is not ready, they are currently in the registry filing their own counter affidavit to our application challenging the record.
“They asked for a stand down for the court to wait till they finish filing so that the papers can come up. If you stay execution that says remove their names how about the court order that says nullify their primary”