16th December, 2022
Okafor Ofiebor/Port Harcourt
The Court of Appeal sitting in Port Harcourt has set aside the Federal High Court (FHC) judgement nullifying the primaries that produced all the candidates of the All Progressives Congress (APC) for Rivers State for 2023 general elections.
Some aggrieved members of the APC loyal to a former gubernatorial aspirant in the party, Magnus Abe had asked the court to nullify the primaries over allegation that they were excused from the congresses that produced those who voted during the exercise.
The Plaintiffs: George Orlu, Henry Wali & 3 Ors asked the Court to nullify the delegate congresses viz-a-viz all the primaries of the APC therein with regards to State Houses of Assembly elections, House of Representatives, Senate and Governorship election for the 2023 general elections slated for the 25th of February and the 11th day of March, 2023.
On October 25, Justice Emmanuel Adema Obile of the Federal High Court in Port Harcourt granted their prayers by nullifying all primary elections conducted by the Party in Rivers State over the unlawful exclusion of some party members as delegates to the primaries.
The court thus knocked out APC candidates for the governorship, Senatorial seats, House of Representatives seats and 32 State House of Assembly seats in Rivers from the 2023 election.
Dissatisfied with the judgement of the Federal High Court, the aggrieved Parties in Suit Nos: CA/PH/505/2022 (Nwankwo Ndubuisi Ozojie & 47 Ors v. George Orlu & 7 Ors) and CA/PH/521/2022 (INEC v. George Orlu & 6 Ors) approached the Court of Appeal.
In a unanimous decision on Thursday, the three-man panel of the Court of Appeal led by Justice Muhammed Lawal Shuaibu, JCA, upheld the submissions of the appellants and restored all APC candidates back to the ballot.
The Court of Appeal with the judgment has removed all the legal encumbrances to including Tonye Cole APC Governorship candidate, his deputy and three Senatorial Candidates,13 members for the House of Representatives and 32 Candidates for the State House Assembly on the ballot for 2023 election.
Ends
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