TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Supreme Court upholds High Court judgement on Rivers APC

The Citizen by The Citizen
February 9 2019
in Headlines, Latest News
A A
0
Elections: APC won’t field candidates in Rivers State – INEC Insists

The Supreme Court on Friday in Abuja upheld the order of a Federal High Court, Port Harcourt,  nullifying  the All Progressives Congress  primaries in Rivers State.

The trial court had held that the primaries were held in disobedience to a court judgement barring  the party from conducting congresses pending the determination of a suit filed by 22 aggrieved members of the party.

The Apex Court in its judgement set aside the ruling of the Court of Appeal, Port Harcourt,  which in October 2018 upturned the interlocutory order of the High Court.

In a unanimous verdict by a five-man panel of Justices, the Supreme Court said the judgement sought to be upturned was entered by consent and could not be appealed as a matter of right.

The Supreme Court invoked section 22 of its Act  allowing  it to take over a matter and give a  final judgment to decide on the appeal.

In a lead judgement delivered by Justice Sidi Barge, the Apex Court held that by virtue of section 11 Rule 5 of the Supreme  Court rules, the appeal against the High Court ruling,  having been withdrawn by the APC,  was bound to be dismissed.

Justice Barge said  since the Court of Appeal failed or evaded to make dismissal pronouncement for the said appeal, the apex court had no choice but  to invoke section 22 of the Supreme Court Act to assume jurisdiction over the case and decide on it.

He said, “It is my considered opinion that this appeal must be given a decent burial. The appeal, having been withdrawn at the lower court by the respondent,  is deemed distilled.

“This is what the lower court failed or evaded to do. Therefore, by virtue of section 22 of the Supreme Court Act 2004, the lower court, having failed to exercise its powers provided under order 11 Rule 5, this court is bound to do so.

“Thus I’ll allow, the appeal and set aside the ruling of the lower court dated October 31, 2018. I hereby dismiss Appeal No CA/PH/198/2018, same having been validly withdrawn.”

At the trial court, the plaintiffs led by Ibrahim Umar on May 11, 2018, secured the interim injunction, which restrained the APC from going ahead with the indirect primaries  on May 19, 20 and 21,  which produced Tonye Cole as its governorship candidate and other candidates to represent the party in the 2019 general elections.

The APC had through its lawyer, Prince Lateef Fagbemi (SAN),  sought  the Supreme Court to clear legal impediments against the faction loyal to the Minister of Transportation, Mr Rotimi Ameachi, and allow its list of candidates  including  Tonye Cole’s name.

The Ojukaye Flag-Amachree-led APC had appealed the ruling of Justice Chiwendu Nwogu, which nullified the APC’s  congresses in Rivers State  and the nomination of Tonye Cole as the party’s governorship candidate.

The  Federal High Court  had restrained INEC from recognising any candidate of the APC for the  elections.

The court also nullified all nominations of the APC in  the state  for the elections.

The court ruled specifically that the APC could not participate in the governorship, Senate, House of Representatives and House of Assembly elections during the polls in the state.

Justice Kolawole Omotosho, in his judgement in a suit filed by Senator Magnus Abe and others against  the Rivers State  APC and others declared that the party  failed to respect the law and must bear the consequences.

Abe  sued the  APC  in the last quarter of 2018  alleging that the party’s primaries in the state were  marred by  irregularities.

Omotosho held that the direct and indirect primaries of the party  were illegal, null and void.

According to him, the APC conducted the indirect primaries in gross disrespect of the pending  suit before Justice Chinwendu Nwogu of the state High Court.

He noted that the judgment of Justice Chinwendu Nwogu nullifying the primaries of the APC in Rivers  had  yet to be set aside by an appellate court, hence it remained  valid.

The judge held that the names sent by the Rotimi Amaechi faction and the National Working Committee of the APC to INEC for the elections were illegal and should be disregarded.

He also said  the direct primaries conducted by the Abe faction  were illegal.

He said both factions had no leg to stand in view of the judgment, hence both factions were disqualified from participating in the elections.

Previous Post

2019 elections: US, UK, EU again talk tough, insist on free, fair polls

Next Post

INEC extends PVC collection deadline to Monday

Related Posts

Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher
Governance

Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

May 22 2026
Terrorists responsible for Oyo kidnapping, says DHQ
Headlines

Police deny rescue of abducted Oyo students, teachers

May 22 2026
Tinubu denies Christian, Muslim genocide in Nigeria
Headlines

Pres. Tinubu denies plans to rename Nigeria, abolish Sharia law

May 22 2026
BBC to air groundbreaking documentary on Biafran War
Latest News

BBC to air groundbreaking documentary on Biafran War

May 22 2026
APC imposes two-week deadline for presidential, guber, NASS forms
Latest News

APC unveils 25 guber candidates as Kwara, Bauchi primaries suffer delay

May 22 2026
Police arrest officer for threating to kill anyone recording him on duty
Latest News

Police arrest officer for threating to kill anyone recording him on duty

May 21 2026
Next Post
INEC extends PVC collection deadline to Monday

INEC extends PVC collection deadline to Monday

Solskjaer, Rashford scoop January awards

Solskjaer, Rashford scoop January awards

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

by The Editor
May 17 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

by The Editor
May 12 2026
0

...

Ebonyi State lifts 3-month curfew after bloody boundary crisis

Ebonyi State lifts 3-month curfew after bloody boundary crisis

by The Editor
May 5 2026
0

...

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

by The Editor
April 30 2026
0

...

APPOINTMENTS

Elumelu joins Seplat board after $496m share acquisition

Elumelu joins Seplat board after $496m share acquisition

by The Editor
May 21 2026
0

...

Tinubu appoints 39-year-old Prof as new JAMB registrar

Tinubu appoints 39-year-old Prof as new JAMB registrar

by The Editor
May 21 2026
0

...

Soludo reshuffles power structure, swears in 18 Commissioners

Soludo reshuffles power structure, swears in 18 Commissioners

by The Editor
May 18 2026
0

...

Tinubu creates Homeland Security adviser role, appoints ex-army general

Tinubu creates Homeland Security adviser role, appoints ex-army general

by The Editor
May 11 2026
0

...

ODDITIES

Hoodlums kill Imo nursing student

Hoodlums kill Imo nursing student

by The Editor
May 22 2026
0

Police arrest officer for threating to kill anyone recording him on duty

Police arrest officer for threating to kill anyone recording him on duty

by The Editor
May 21 2026
0

Hoodlums rape Lagos sexagenarian to death

Hoodlums rape Lagos sexagenarian to death

by The Editor
May 18 2026
0

GLOBAL NEWS

Sierra Leone welcomes first US deportation flight under Trump crackdown

Sierra Leone welcomes first US deportation flight under Trump crackdown

by The Editor
May 22 2026
0

...

Tinubu to launch AU combined maritime task force for Gulf of Guinea

Tinubu to launch AU combined maritime task force for Gulf of Guinea

by The Editor
May 21 2026
0

...

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

by The Editor
May 18 2026
0

...

Trump to visit China for high-stakes talks with Xi Jinping

Trump to visit China for high-stakes talks with Xi Jinping

by The Editor
May 12 2026
0

...

Macron in fresh push to rebuild France-Africa partnership

Macron in fresh push to rebuild France-Africa partnership

by The Editor
May 12 2026
0

...

State of the States

Benue governor secures return ticket

Benue governor secures return ticket

by The Editor
May 22 2026
0

...

Lagos restricts access to magistrate courts, denies ban on sureties

Lagos restricts access to magistrate courts, denies ban on sureties

by The Editor
May 22 2026
0

...

Kano closes schools for Eid-el-Kabir

Kano closes schools for Eid-el-Kabir

by The Editor
May 20 2026
0

...

Insecurity: I can end banditry in two months, says Zamfara governor

Zamfara approves pension, salary review for retirees

by The Editor
May 18 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Deputy speaker, 15 other Niger Assembly lawmakers fail to secure APC return tickets

Deputy speaker, 15 other Niger Assembly lawmakers fail to secure APC return tickets

May 22 2026
Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

May 22 2026
Terrorists responsible for Oyo kidnapping, says DHQ

Police deny rescue of abducted Oyo students, teachers

May 22 2026
Benue governor secures return ticket

Benue governor secures return ticket

May 22 2026

EDITORIAL REVIEW

Hepatitis: Rescuing Nigerians from needless deaths – Punch

Hepatitis: Rescuing Nigerians from needless deaths – Punch

by The Editor
May 22 2026
0

Mass failure: JAMB, VCs to review UTME results Thursday

UTME reforms, admissions waivers – Punch

by The Editor
May 20 2026
0

In 2027 elections, voter apathy looms large – Punch

In 2027 elections, voter apathy looms large – Punch

by The Editor
May 18 2026
0

Oyo school attacks: A call to action for South West governors – Punch

Oyo school attacks: A call to action for South West governors – Punch

by The Editor
May 17 2026
0

Urgent measures needed against hantavirus – Punch

Urgent measures needed against hantavirus – Punch

by The Editor
May 10 2026
0

Opinion

School attacks and the death of ethics

School attacks and the death of ethics

by The Editor
May 22 2026
0

...

The dangers of a one-party state

The dangers of a one-party state

by The Editor
May 5 2026
0

...

Dear Senator Tinubu, Buhari has thrashed us all!

NBC’s real struggle

by The Editor
April 30 2026
0

...

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.