Court nullifies Rivers APC governorship nomination

 A High Court in Port Harcourt on Wednesday 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 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. 

In a judgment  delivered by Justice Chiwendu Nwogu in a suit 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 pedancy 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 governorhip, 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.