COURT NULLIFIES AMAECHI’S APC CONGRESSES, SACKS COLE, STATE EXCO

 A Rivers State High Court has nullified all congresses conducted by the pro-Amaechi group of the All Progressives Congress (APC). The affected congresses are those purportedly conducted on May 19, 20 and 21, respectively. While delivering his judgement, Justice Chiwendu Nworgu stated that the APC disobeyed the ruling of the court to maintain the status quo as at May 11. The High Court in Port Harcourt also consequentially 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. The High Court further nullified all the elections of Rivers APC Ward Executives, Local Government Executives and State Executive Committee that arose from the illegal ward congresses.

The suit was filed by Ibrahim Imah and twenty-two others against the APC, the Court declared that the ward congresses of Rivers APC were illegal because they were not conducted in line with the APC Guidelines and Constitution.

Justice Nwogu set aside the ward congresses of Rivers APC on May 19, 2018, Local Government Congresses of May 19, 2018 and State Congress of the party of May 21, 2018. He stated that all actions taken by the APC during the pendency of the suit have been set aside because they are illegal and unconstitutional.

Justice Nwogu declared that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19, 2018, but were unjustly excluded by the party.

He said: “The Rule by might must be checked by the rule of law. We must restore the hope of the common man in the justice system”.

Justice Nwogu who based his judgement on the Amaechi versus INEC Matter of 2007, noted that having studied the submissions in the matter, he was bound to make consequential orders to ensure that justice was done in the case.

He stated that the High Court has jurisdiction to entertain the matter as an Appeal filed by the respondents at the Court of Appeal, Port Harcourt to stop proceedings on the suit was rejected by the Appellate Court on September 21, 2018.

He stated that all through the hearing, the APC filed no counter-affidavit denying the facts of the matter as presented by the applicants in the originating summons. Justice Nwogu said that it is trite law that facts not disputed are deemed admitted.

On the suit filed in an Abuja High Court by a faction of the APC , Justice Nwogu declared that the court is of coordinate jurisdiction with the High Court in Port Harcourt and cannot sit in appeal over it. He added that the suit filed by Ibrahim Imah, preceded that of the Abuja High Court by a faction of the Rivers State APC.

Earlier before the delivery of the judgment, a counsel to the APC, Prince OSM Azunda moved a motion seeking to stop the delivery of the judgment. However, Justice Nwogu dismissed his application which he termed as a ploy to arrest the judgement.

Following the judgment, the APC no longer has a candidate for the governorship, Senate, House of Representatives, House of Assembly Elections in the forthcoming 2019 General Elections.
The APC also has no State Working Committee, Local Government Working Committees and Ward Executives.

In the same vein, the Senator representing Rivers South East, Senator Magnus Abe, has called on the leadership of the ruling All Progressives Congress (APC) to obey court orders. He spoke on the behest of a Rivers State High Court judgement which nullified the ward, local government and state congresses held on May 19, 20 and 21, respectively.

Speaking at a victory rally, Senator Abe stated that the court nullified the congresses because the process through which they were held was faulty. He emphasised: “You cannot collect money from people and don’t give them the forms they paid for. They went to court to seek justice, and you that it does not matter? No, it matters.”

“We stand by direct primary which was ordered by the National Executive Committee (NEC) of our party. We will fight this thing. Over 148, 000 party members voted in the direct primary. So, party members freely elected candidates for different elective offices.”

Senator Abe stressed: “You cannot reap when you have not sowed. You cannot go to Lagos and bring somebody who is not known by members of the party to be the governorship candidate. We cannot work for others to come and reap.”

“We will support President Mohammadu Buhari’s re-election, but the national leadership of the party should handle the crisis in Rivers APC with all sense of justice. Nobody can foist any governorship candidate on us.”