Okenyi Kenechi
Appeal Court sitting in Port Harcourt has dismissed appeals by the Ojukaye Flag-Amachree’s faction of the All Progressive Congress, APC, challenging the ruling of Rivers State High Court which on May 30, nullified the congresses indirect primaries conducted by the Rotimi Chibuike Amaechi’s faction of the party in the state.
The Special Panel led by Justice Abubakar Yahaya also dismissed the application by Tonye Cole to be joined in appeal for lack of merit.
Justice Yahaya however reserved judgement on the last Appeal by the APC challenging the jurisdiction on Justice Nworgu’s court to hear the matter in the first place indefinitely.
Our correspondent reports that the Appeal Court adjourned the last appeal sine die until the outcome of the pending case before the Supreme Court which has been fixed for March 8, 2019.
In a judgement delivered by the Chairman of the panel, Justice Abubakar Daati Yayaha, he stated that the appeal lacked competence in its entirety and went ahead to dismiss it.
He said the appeal against the Justice Chinwendu Nwogu High Court judgement on the party Congress crisis lacks merit, adding that the application for joinder failed to observe the 14 days rules of Appeal.
While delivering judgement on the substantive appeal number CA/PH/198 that bothered on Justice Nwogu’s judgement, the panel ruled that the Ojukaye faction failed to seek leave of court before appealing against the judgement.
Justice Yahaya ruled that the judgement delivered at the lower court was a consent judgement, adding that Ojukaye faction should have done the needful legally before approaching the court.
Counsel to Ibrahim Umar and twenty two other aggrieved members of the APC, Patrick Luke, said the court ruling implies that the APC has to put its house in order before going into the 2019 general elections.
Counsel to Ojukaye Flag Amachree, Emenike Ebete noted that the court heard the three matters and in her wisdom arrived at the rulings confirming the judgment of Justice Chinwendu Nwogu.
He said: “Arguments were taken but the Court in its infinite wisdom held that in appeal 461, that is the substantive appeal, that the consent judgement of the High Court of Rivers state and by the provision of the constitution, we ought to have sought leave of court to appeal against that consent judgement. That is their own decision and they struck it out.
“The one for the candidates and the party state excos, we were dismissed on the ground that it was a pre-election matter, that we did not bring the application within 14 days after the decision was delivered on October 10. What that means is that,
we will approach the Supreme court to contest the judgment “.
It will be recalled that on October 10, 2018, a High Court in Port Harcourt nullified the nomination of Mr Tonye Cole as the Governorship Candidate of the All Progressives Congress (APC) in Rivers State on the ground that his nomination is a function of illegality and unconstitutional acts.
The Court also nullified the Rivers State APC Senatorial, House of Representatives and House of Assembly Primaries conducted on the premise of the illegal ward congresses.
