Rivers: Appeal Court declines APC’s stay of execution

The Appeal Court in Port Harcourt has declined hearing on the appeal filed by the APC for a Stay of Execution of the lower court order restraining the Independent National Electoral Commission (INEC) from recognizing any APC candidate in Rivers State for the general elections.

Yesterday, the 3-man panel, led by Justice C.N Uwa, while declining to hear the appeal filed by the party said the application was not ripe for hearing because there was no record to show that the appeal has been entered.

Recall that Justice J.K Omotosho had in a judgment in a suit filed by Senator Magnus Abe issued bared the INEC from accepting any candidate standing for election on the platform of the APC.

The Judge had ruled that the two APC factions headed by Senator Magnus Abe and the Minister of Transport, Rotimi Chibuike Amaech had violated various aspects of the electoral laws as well as undermined court processes and ruling.

In particular, it faulted the decision of the Amaechi-led faction to conduct its primaries in disdain of the court ruling had suspended the ward and other congresses which produced the party state executives council. The Judge said the judgment was yet to be vacated.

Besides, it equally faulted the Magnus Abe faction for conducting the primaries that was not supervised by the INEC which is statutorily required to do.

Also, the court refused to grant the application of Senator Abe and other candidates of the Peter Odike-faction, asking to be declared authentic candidates of the party in the state.

Omotosho held that the plaintiffs do not have legal standing given the fact that they hinged their request on the ruling of the state high court, which nullified primaries conducted by the APC.

He held that the plaintiffs could not be nominated by the APC for the general elections, since a state high court had earlier set aside all primaries.

The court, however, directed the parties to do the right thing just as he advised the APC to put its ‘house’ in order.

The panel also reserved judgment on the issue of jurisdiction on the matter brought before it by the APC against Justice Chiwendu Nworgu of the state high court.

The APC told the appellate court that the state high court was not meant to hear the matter brought by Ibrahim Umar and 22 others on the ward, local government and state congresses of the APC in Rivers state.

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