A few days ago, INEC categorically and publicly
said that it will not change its decision to exclude Rivers State chapter of
APC from participation in the 2019 general elections for the offices of
Governor, National and Assembly membership. From the state of existing Court
judgments, INEC was on firm ground.
A good point to start would be the first of the
legal fireworks initiated by relevant parties.
1. Suit No: BHC/78/2018
Ibrahim Umah vs. APC & Ords.
This suit was commenced at the Rivers State High
Court, Port Harcourt. The Plaintiffs therein sought several reliefs. They
include that Magnus Abe’s group were
entitled to participate in the APC primaries, a declaration setting aside the
purported primaries by the Ameachi group,
injunction restraining APC from conducting any Local Government Congress based
on the ward congress election purportedly conducted on May 5, 2018, declaration
that the purported ward and Local Government and State congress conducted by
APC in Rivers State on May 12th, 19th, 20th
and 21st 2018 respectively and anything done there under are
entitled to be set aside etc.
INTERLOCUTORY ORDER
While this case was pending, the Plaintiffs
secured an interlocutory/interim order to restrain APC from proceeding with the
scheduled congresses pending the determination of the matter. In spite of this
order the APC went ahead with the primaries but appealed against the said
interlocutory order in Appeal No: CA/PH/198/2018
to the Court of Appeal. In the cause of prosecuting this Appeal, APC
applied through one of its Counsel to withdraw the Appeal by filing a Notice of
withdrawal. Another Counsel of APC approached the Court of Appeal to continue
with the Appeal. The Counsel to the Magnus Abe group opposed this strongly and
argued that the Appeal ought to be dismissed. The Court of Appeal in Port
Harcourt allowed and overruled the Abe group and continued with the Appeal.
Abe’s group then appealed to the Supreme Court in Appeal No. SC. 1070/2018.
CONTINUATION OF
RIVERS STATE HIGH COURT TRIAL
While this appeal was pending in the Supreme
Court, the Rivers State High Court presided over by Hon. Nwogu delivered judgment on 10th October, 2018 in
suit No: BHC/78/2018; Ibrahim Uma
&Ords v. APC. The Court decided in favour of Ibrahim Uma & Ords restrained APC from conducting any primaries
upon the ward congress which the Court found to have been conducted in
contravention of extant laws and party Guidelines. The Court nullified all the
nominations for election to the offices of Governor, National and State Assemblies
on the ground that they were conducted in breach of extant court order
restraining the conduct of same
It would appear that the only appeal lodged
against the Rivers State High Court judgment is the one against the order of
interlocutory injunction made by that Court. No appeal was lodged against the
substantive judgment itself. For all intents and purposes the Rivers State High
Court judgment remains valid and unchallenged.
SUPREME COURT
JUDGMENT IN SC. 1070/2018
On 8th February, 2019, the Supreme
Court delivered its judgment in the Appeal filed by the Abe group against the
failure of the Court of Appeal to dismiss the Appeal filed by the Ameachi
group, same having been withdrawn by the filing of Notice of withdrawal at the
Registry of the Appeal Court. The Supreme Court held as follows at page 19 of
its judgment
It is my considered opinion that this appeal must
be given a decent burial. The appeal having been withdrawn is deemed to have
been dismissed. This is what the lower Court failed or evaded for reasons
stated above.
The Supreme Court’s judgment therefore strongly
protected the interlocutory orders of the Rivers State High Court restraining
the conduct of primaries by APC on the basis of a flawed ward congress. In any
case, the said High Court gave its final judgment which eventually nullified
any purported primaries for contravening valid court orders.
2. SUIT NO: FHC/PH/CS/149/2018
PDP vs. INEC & APC
Once PDP found out that the Rivers State High
Courts had given judgment nullifying any purported primaries, by APC and
further restraining the party from conducting any upon the flawed ward
congress, PDP quickly approached the Federal High Court and sought several
reliefs. They include; a declaration that all primaries conducted in Rivers
State by APC, having been set aside by a competent Court, APC was not entitled
to nominate or sponsor any candidate for 2019 General Elections. They sought
injunction against INEC from according any recognition to purported APC
candidates.
The Federal High Court, in a judgment delivered by
Justice J.K Omotosho, found for PDP
and granted the reliefs sought. The Court pointed out that it was important to
obey Court orders and that the defect of non-compliance was fatal.
3. APPEAL NO: CA/PII/38/2019
PDP vs. INEC & APC
APC filed an appeal against the said judgment of
the Federal High Court in the Court of Appeal. It also filed an application for
stay of execution of the judgment of the Federal High Court. The said application
is still pending but has been fixed for hearing same in February, 2019.
4. SUIT NO: FHC/PH/CS/144/2018
Magnus Abe & Ords vs. APC & Ords
Magnus Abe and Ords instituted the above suit
against APC and Ords seeking amongst others an order of Court that they have
been duly nominated to contest the various elections in 2019 general election.
They also sought an order to nullify the nomination of the candidates of
Ameachi’s group and an order for INEC to recognize them as the nominated
candidates. In the end, the Federal High Court declared that Magnus Abe’s group
were not validly nominated by APC, having failed to prove that the primaries
that produced them were validly conducted. The Court held that the primaries
that produced them were conducted during the pendency of Suit No BHC/78/2018, between Ibrahim Umah & Ords vs APC. The
Court also held that the Magnus Abe’s group failed to show that their primaries
were conducted by the national body of APC.
The Federal High Court went further to restrain
INEC from recognizing any candidate of APC contesting for the various offices
in the 2019 general elections. The Court nullified the nomination of any candidate
by APC for election into the said offices as earlier nullified by Nwogu .J, on 10thOctobetr,
2018 in Suit No: BHC/78/2018, Ibrahim
Umah & Ords vs APC.
5. APPEAL NO: CA/PH/39/2019
APC V. SEN. MAGNUS ABE & ORDS
APC appealed against the said Federal High Court
judgment in Suit No: FHC/PH/CS/144/2018.
It also filed an application for stay of execution against the judgment of
the Federal High Court delivered on 7th January, 2019.
TWIST IN THE
APPLICATION
In what appears to be a costly mix-up, APC’s
counsel in their prayers for stay of execution filed on 5th
February, 2019, directed their relief against the judgment of the Federal High
Court in Suit No: FHC/PH/149/2018; PDP
v. INEC & APC which was not the subject of this appeal. The subject of
this appeal was Suit NO:
FHC/PH/CS/144/2018, Sen. Magnus Abe & Ords v. APC & Ords. In spite
of this costly mix-up which should have led to the striking out of such
application, the Court of Appeal granted the application for “Stay of Execution as Prayed”. What the
Court of Appeal granted in reality were prayers in connection with another
appeal between APC and PDP.
REACTION TO COURT
OF APPEAL’S MIXED-UP ORDERS
In reaction the mixed up order of the Court of
Appeal, PDP filed an application before the Court of Appeal in Appeal NO: CA/PH/38/2019; APC V. PDP & INEC praying
that the Hon. Justices should recuse themselves from further hearing the appeal
or participate in the hearing and determination of the said Appeal on the basis
of the mixed-up order of stay of execution and a previous application made to
the president of the Court of Appeal on 30th January, 2019 for the
re-constitution of a fresh panel of Appeal. The said application filed on 6th
February, 2019 is pending before the Court.
CONCLUSION
In conclusion the judgment in suit No: BHC/78/2018; Ibrahim Umah & Ords vs.
APC delivered on 10th October, 2018 by the High Court of Rivers
State nullifying the nominations by APC for 2019 elections remains valid and
unchanged. The judgment of the Federal High Court in Suit No: FHC/CS/149/2018, PDP vs. INEC & APC delivered
on 7th January, 2019 restraining INEC from recognizing any APC
candidate and also nullifying all APC nominations remain valid as it has not
been set aside on appeal. In addition, no valid stay of execution has been
granted to warrant INEC to act on it. The judgment in Suit No: FHC/PH/CS/144/2018; Sen. Magnus Abe & Ords
vs. APC & Ords which restrained INEC from recognizing any candidate of
APC for 2019 elections remains valid. No valid order for stay of execution has
been made against it. In any case, for INEC to validly recognize APC candidates
for all positions in 2019 elections, all existing judgments must be set aside
on Appeal or validly stayed.
So far, this has not been so. It appears that nothing
can be done about the Rivers State High Court judgment in Suit No: BHC/78/2018 Ibrahim Umah & Ords vs. APC
which has no appeal against it and there cannot be one anymore having
regards to the period allowed by law to appeal against same. It can therefore
be safely concluded that the iron curtain has been closed on APC with respect
to fielding candidates for 2019 general elections with respect to Rivers State.
My humble opinion
Dr. Ehiogie
WEST-Idahosa
