The Court of Appeal Sitting in Port Harcourt today dismissed all appeals brought before it by the All Progressives Congress, Mr. Tonye Patrick Cole, Ojukaye Flag Amachree Ors against the decision of the Rivers State High Court nullifying the congresses and all indirect primaries conducted by APC in Rivers State.
The following appeals were lodged before the Court of Appeal Port Harcourt against the decision of the State High Court:
1) Appeal 461 which is the substantive appeal against the Judgement of the Rivers High Court delivered on the 10th October, 2018. The court of Appeal dismissed this appeal on the ground of incompetence . The court held that being a pre-election matter, the appeal was filed out of time and it’s therefore statute- barred.
2) Joinder application by Mr Tonye Patrick Cole and and 48 others (being purported candidates of APC was emerged through the voided indirect primaries). This application was dismissed on the ground that one can’t appeal a matter he was not party to, especially when that person is already in serial contempt of court.
3) Ojukaye Flag Amachree and Ors (representing the party exco at all levels in Rivers State who emerged through the congresses conducted in defiance of a valid court order). This joinder application was similarly dismissed on the ground stated above.
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 all.
The effect of the verdict of the Court of Appeal is that the judgement delivered by Worgu J of the State High Court on the 10th of October, 2018, nullifying all the Indirect Primaries conducted in Rivers State by APC remains the law.
It also means that the LGA congress of 12th of May, 2018; Ward Congress of of 19th of May, 2018; LGA congress of 20th of May, 2018 and the State congress of 21 of May, 2018, incredibly conducted by 4 Am in the morning which purportedly threw up Ojukaye as state Chairman remains voided.
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