Appeal Court nullifies judgment disqualifying Rivers APC Assembly candidates

By Okafor Ofiebor/Port Harcourt

The Port Harcourt division of Court of Appeal on Thursday struck out the judgement of the lower court that disqualified the candidates of All Progressives Congress, APC, for Rivers House of Assembly election.

In a case instituted by the Peoples Democratic Party, PDP, the Federal High Court, Port Harcourt Division had on November 11, 2022, disqualified 16 candidates of APC for the assembly election for the Rivers State House of Assembly of the Appellant for the 2023 general elections.

PDP had sought to restrain the Independent National Electoral Commission (INEC) from recognizing the candidates nominated by the APC on the grounds of alleged non-compliance with provisions of the Electoral Act 2022 in monitoring of the primary elections from which the said candidates emerged.

But the Court of Appeal in judgment delivered by Justice Olabode Adegbingbe ruled that the Federal High Court lacks jurisdiction to entertain the suit and consequently declared disqualification of the candidates as nullity.

The court also held that the PDP had no locus standi to institute the action challenging the primary election of APC.

The appellate Court subsequently struck out all the orders made thereon for lack of jurisdiction, even though no costs were awarded against PDP.

In reaction, the Rivers APC 2023 Campaign Council saluted the courage of the Justices of the Court of Appeal for the judgment which it described as a resounding victory for democracy.

In a press statement signed by Sogbeye C.Eli spokesman of APC 2023 Campaign Council said “We thank the Justices of the Court of Appeal for rising to the call of duty to save democracy from the devices and pranks of anti-democratic forces; a dictatorship out to impose its unpopular surrogates on Rivers State.

The party said that by the judgments, the Court of Appeal has given Rivers people their best New Year gift for 2023.

It, therefore, urged the Rivers electorate to reciprocate the opening up of the democratic space by the Judiciary and vote for its candidates on March 11 to retrieve the State from the predatory claws of the outgoing cantankerous, draconian and incompetent PDP regime.