A Federal High Court sitting in Port Harcourt has struck out a suit seeking the disqualification of Tonye Cole, the All Progressives Congress (APC) governorship candidate in Rivers State for the 2023 election.
In the suit by a governorship aspirant in the APC, Benard Mikko, he asked the court to direct INEC to disqualify Cole from next year’s Governorship election, over irregularities which he said marred the primary elections held on 26th of May, 2022, that brought him (Cole) in as the governorship candidate.
Tonye Cole, the Independent National Electoral Commission and another governorship aspirant of the APC, Ojukaye Flagg-Amachree were also joined in the suit.
Mikko also claimed that the candidate has a questionable character following his indictment in a white paper report by a commission of inquiry set up by the Rivers State government.
Ruling on the matter, the court upheld that the suit was lacking in merit.
Presiding judge, Justice Ayua Phoebe said the court lacked the jurisdiction to hear the suit because the plaintiff failed to exhaust all the internal mechanisms of the party before instituting the legal action.
The judge, while describing the suit as an abuse of court process, ruled that Mikko also failed to abide by his earlier oath of allegiance sworn to the APC never to institute any legal action against the party and that he will support whoever emerged from the primaries.
Counsel to the APC, Chinda Chizim commended the judgement while that of the plaintiff, Eli Ojigba said he will consult his client for his next line of action.
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