The Rivers State All Progressives Congress 2023 Campaign Council has hailed the Court of Appeal, Port Harcourt for setting aside the judgment of a Federal High Court that sacked the party’s governorship candidate, Tonye Cole, as well as national and state assembly candidates.
The PUNCH reports that on October 25, a court presided over by Justice Emmanuel Obile in Port Harcourt sacked the candidates of the APC following a suit filed by George Orlu and five others over their claims of exclusion from the party’s delegate congresses.
The Court of Appeal gave the decision in three separate judgments on an appeal brought by the APC, Cole, and the National and State Assembly candidates.
Lawal-Shaibu held that the respondents did not participate in the congress of the APC and so do not have any cause of action.
The judge further said it was inconceivable for the Federal High Court Judge not to have joined some candidates of the APC who are interested parties in the suit.
The panel stated that the nomination of delegates and political parties is strictly the party’s business and that the court lacks jurisdiction to hear the case from the start.
He thereby set aside the judgment against the APC and awarded the sum of N500,000 for each of the three cases as costs against the appeal respondents in favour of the APC.
In a related situation, in a 15-ground appeal instituted by Senatorial, Federal House of Representatives, and State Assembly candidates, the court held that the aggrieved defendants at appeal did not exhaust the internal mechanisms as provided by the party’s constitution before going to court.
Lawal-Shaibu said the judge was in serious error for not going into the merits of the matter, questioning how the court got reasons to deliver its judgement without properly examining the matter.
Justice Lawal-Shaibu said the appeals by APC, Cole, and assembly candidates were meritorious and were allowed.
The Rivers State APC 2023 Campaign Council, while hailing the judgment, commended the judiciary for standing on the path of justice.
The council’s spokesperson, Sogbeye Eli, said the ruling would allow Rivers residents to vote for the candidates of their choice, while also urging politicians “to approach democracy with fairness and responsibility.”
