When INEC released its list of candidates for the general election last week, it omitted APC in Rivers, based on the ruling of the High Court. However, it said it would wait to see if the Appeal Court would give a different ruling on the controversy, which has now happened.
The Court of Appeal sitting in Port Harcourt, capital of Rivers
State, has granted stay of execution of the lower court's judgement nullifying all primaries of the All Progressives Congress (APC) in Rivers
State and restraining the Independent National Electoral Commission
(INEC) from fielding the party's candidates in the forthcoming general
election.
In January, 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. He also restrained INEC from recognizing any candidates of the APC for the 2019 general election in
the state.
While a faction of the party loyal to former Governor Rotimi Ameachi
had produced Tonye Cole as its candidate from its primary, the other
loyal to Senator Magnus Abe produced him as its own candidate.
The national secretariat of the party recognized Cole as the authentic candidate of the party and forwarded his name to INEC.
Ruling on a suit filed by Abe, the court observed that both the
direct and indirect primaries were held during the pendency of the suit
at the Rivers State High Court. Omotosho held that the APC conducted the
indirect primaries in gross disrespect of the pending suit before the
court.
The court therefore held that the names sent by the Amaechi faction
and the National Working Committee of the APC to INEC for the 2019
general elections were illegal and should be disregarded.
When INEC released its list of candidates for the general election
last week, it omitted APC in Rivers, based on the ruling of the High
Court. However, it said it would wait to see if the Appeal Court would
give a different ruling on the controversy, which has now happened.







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