The Court of Appeal sitting in Port Harcourt has granted stay of execution of the lower court's judgement nullifying all primaries of the APC in Rivers state and restrained the INEC from fielding the party's candidates in the forthcoming general election.
Reports by Channel TV claimed that Justice Kolawole Omotosho of the Federal High Court in Port Harcourt had nullified both the direct and indirect primaries conducted by two factions of the party.
Justice Omotosho also restrained INEC from recognising any candidates of the APC for the 2019 general election in the state.
Meanwhile, Legit.ng had reported that the APC in Rivers state would not field any candidates during the 2019 general elections.
The Port Harcourt division of the Court of Appeal made the confirmation when it dismissed the appeal filed by the factional Rivers state APC governorship candidate, Tonye Cole.
The court, led by Justice Abubakar Yahaya, further dismissed the appeal filed by the sacked Rivers state APC chairman, Ojukaye Flag Amachree, as it also confirmed the judgment of Justice Chinwendu Nwogu that Rivers state has no ward executives, local government executives and state executives. According to the court, both appeals lacked merit.
A third appeal was also dismissed because it was filed out of time and therefore statute barred. It focused on the judgment by Justice Chinwendu Nwogu.
In a related development, a high court sitting in Port Harcourt nullified the nomination of Tonye Cole as the governorship candidate of the APC ahead of 2019 general elections.
The presiding judge, Justice Chiwendu Nwogu, made the pronouncement on Wednesday, October 10, 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, citing illegalities. The court further nullified all the elections of Rivers APC ward executives, local government executives and state executive committee that arose from the said ward congresses.
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