Appeal Court nullifies sack of Tonye Cole, other Rivers APC candidates
An Appeal Court sitting in Port Harcourt, Rivers State has set aside the judgment of a Federal High Court that sacked all candidates of the All Progressives Congress (APC) for the 2023 general elections including the party’s governorship candidate, Tonye Cole.
The Federal High Court presided by Justice Emmanuel Obile on 25th October sacked the candidates of the APC following a suit filed by George Orlu and five others, who alleged that they were excluded from the party’s delegate congresses.
The three-man special panel of the Court of Appeal in their judgment delivered by Justice Muhammed Lawal-Shaibu said George Orlu and five others did not exhaust the internal party mechanism before instituting the suit.
Shaibu held that the respondents failed to participate in the congress of the APC and so did not have any cause of action and 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 said the nomination of delegates and political parties was purely internal party affairs, and that the court lacked jurisdiction to entertain the suit abi initio.
Shaibu 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 the national and state House of Assembly candidates, the court held that the aggrieved defendants could not exhaust the internal mechanisms as provided by the party’s constitution before going to court.
He said the trial judge did something strange when it delivered judgement on the preliminary objection of the defense and the substantive matter and granted all the prayers of the plaintiff.
Shaibu said the judge committed a serious error for not going into the merit of the matter, queried how the court got reasons to deliver its judgement without properly examining the matter.
He said the appeals by APC, Cole and assembly candidates were on merit and were allowed.
The Rivers APC 2023 Campaign Council commended the judiciary for standing on the path of justice.
The Spokesman of the council, Sogbeye Eli, said the judgment would give Rivers people the opportunity to choose among candidates at the poll, calling on politicians to approach democracy with utmost responsibility.
Eli said the APC would commence activities following the decision, adding that the party would not apply to the state to use public schools for campaigns.
He said: “We will not apply to anybody to use the school. If we do that it amounts to illegality. We are in court challenging it.”
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