Rivers: Jubilation as Appeal Court Sets Aside Nullification of Cole, APC Candidates’ Nominations

Blessing Ibunge in Port Harcourt

Members of the All Progressives Congress (APC) in Rivers State, yesterday, went into Jubilation following an Appeal court ruling, which set aside the judgment of a Federal High Court that sacked the governorship candidate of the party, Tonye Cole and other candidates of the party.

Justice Emmanuel Obile of a Federal High Court, Port Harcourt, had on October 25, sacked the candidates of APC following a suit filed by one George Orlu and five others over their alleged exclusion from party’s delegate congresses in the state.

But in it’s decision on the three separate appeal filed by Cole, the National and State Assembly candidates of APC in Rivers, the appeal, also sitting in Port Harcourt, said George Orlu and five others did not exhaust internal party mechanism before instituting the suit.

The three-man special panel of the Court of Appeal by the led Justice Muhammed Lawal-Shaibu in the judgement, held that the respondents did not participate in the congress of the APC and so did not have any cause of action and lacked the locus standi to go to court.

He said it was inconceivable for the Federal High Court Judge not to have joined some candidates of APC, who were interested parties in the suit.
The panel ruled that the nomination of delegates and political parties were purely an internal party affairs, and that the court lacked jurisdiction to entertain the suit abi initio.

The judge, thereby, set aside the judgment against APC and awarded the sum of N500,000 each for the three cases as cost against the appeal respondents in favour of APC.

Also, in a 15-ground appeal instituted by senatorial, House of Representatives and state assembly candidates of the party, the court held that the aggrieved defendants at appeal could not exhaust the internal mechanisms as provided by the party’s constitution before going to court.
He described as strange, the judgement of the lower court on the preliminary objection of the defence and the substantive matter just to grant all the prayers of the plaintiff.

Shaibu said the judge was in a serious error for not going into the merit of the matter, questioning how the court got reasons to deliver its judgement without properly examining the matter, noting that, the appeals by APC, Cole and assembly candidates were in merit and as such, allowed.
Expressing delight on the judgement, the Rivers APC 2023 Campaign Council commended the judiciary for standing on the path of justice.

Spokesperson of the council, who spoke to journalists in Port Harcourt, Sogbeye Eli, said the judgement would give Rivers people opportunity to choose among candidates at the poll, calling on politicians to approach democracy with utmost responsibility.