Court adjourns ruling on suit seeking disqualification of APC’s Tonye Cole


Tina Amanda

A Federal High Court sitting in Port Harcourt has adjourned the ruling on an application seeking Ojukaye Flag Amachree to be joinder in a suit filed by the All Progressives Congress (APC) Governorship aspirant, Mikko Bernard against Tonye Cole and APC, over the alleged non-compliance with the electoral act.

In the suit before the court, Mikko is seeking relief from the court, an order restraining Tonye Cole from parading as the governorship candidate of APC and his disqualification for alleged questionable character as contained in the white paper report of Rivers State commission of inquiry.

In his argument during the proceeding, counsel to Amachree, Olusegun Olaowo (SAN) told the court that his client seeks to join the suit due to his interest in the Party and as a contestant in the governorship race, adding that the substantive suit is challenging the primary election the client scored the second position.

Olaowo noted that if the relief sort by the plaintiff is granted, his client would have to go around in making another election and urged the court to grant the application for joinder, in agreement with Counsels to Tonye Cole, Godwin Omoaka, and the APC, Emenike Ebete.

Also, Usman Suleiman, counsel to Mikko, who opposed the application for joinder, said the party seeking to be joinder has missed the 14 days period after the election, which was held on 24 May 2022, to file a suit.

He noted that at this stage the proposed joinder was out of place because the continued injury does not apply to pre-election matters.

After the hearing, the Presiding Judge, Justice Ayuah Phoebe adjourned the case to 29 August 2022, for ruling on the application for joinder.

Meanwhile, a Federal High Court sitting in Port Harcourt has adjourned to 19 October 2022, for judgment on the case filed by Legborsi Yomabana, the Peoples Democratic Party (PDP) House of Representative aspirant for Khana/Gokana Constituency against Dumnamena Dekor, the PDP candidate for House of Representative for Khana/Gokana constituency over his unlawful disqualification after screening.

Yomabana is seeking the court to declare him as the candidate of the Party for wrongfully disqualifying him after the screening exercise.

During the proceeding, counsels in the matter argued and adopted their written addresses.

The Presiding Judge, Justice Ayuah Phoebe after listening to arguments adjourned to 19 October 2022.