Tina Amanda
The coast is now clear for the All Progressive Congress, APC, to conduct Ward, Local Government and State Congresses in Rivers State.
Justice G.O Ollor of the Rivers State High Court sitting in Port Harcourt has struck out the originating summons brought by one Ibrahim Umar and twenty-two others against the APC.
The court set aside the interim injunction obtained by the claimants on the 14th September 2019 which stopped the APC from conducting the congresses in Rivers State scheduled for 17th, 18th and 21st of September, 2019.
Recall that one Ibrahim Umar and twenty-two others including two persons that are dead had approached the court to enforce and interpret the judgment of the High court, Appeal and Supreme Court against APC over the Congresses of 2018.
Delivering the judgment, the presiding Judge, Justice G.O Ollor ruled that the court lacks the power to enforce and interpret the judgment of a court of coordinate jurisdiction.
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Justice Ollor also held that the interim order of injunction obtained by Ibrahim Umar and others was gotten without jurisdiction of the court.
He, however, set aside the order and thereafter awarded the cost of one hundred thousand naira as cost in favour of APC.
Speaking to our correspondent, Tina Amanda, counsel to the Plaintiffs, Henry Bello, described the judgment as the beauty of justice, stressing that he will appeal the judgment based on the instruction of his clients.
“The judgement of the court is variance with what we feel. We will appeal the matter. We came to court in pursuant to the position of section 287 sub-section 1, 2, 3 to enforce the judgement of the state high court in Rivers State, rendered on 10th October 2018 with suit number PHC/78/2018.
“The court of appeal agreed with us in suit number PHC/461/2018, also the Supreme Court agreed in an appeal number SC/1033/2019.
“The court feels that what we came for is interpretation instead of enforcement, but we still appreciate the judgement of the court”
On his part, one of the counsels to APC, J.C Williams described the judgment as landmark which has given APC the opportunity to go ahead to conduct its Congresses in Rivers State.
“Some members of APC came to court asking that the court interpret the judgement of a brother court and the court frowned at their request.
“The judgement today means that there is no obstacle stopping APC to conduct Congress in Rivers State, we are also pleading to all APC members to end the litigation”