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S/Court Nullifies Order Permitting APC To Conduct Primaries In Rivers [Updated]

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The Supreme Court of Nigeria has set aside the ruling of the Court of Appeal permitting the All Progressives Congress [APC] to conduct further congresses in Rivers State.

The Supreme Court stayed further execution of the Order of Interlocutory Injunction pertaining to the case.

Ruling, the apex court, said that “they cannot benefit from their stupidity”.

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RIVERS APC CONGRESS

THE SUPREME COURT HAS SET ASIDE THE DECISION OF THE COURT OF APPEAL, PORT HARCOURT DIVISION, WHICH PERMITTED THE CONDUCT OF CONGRESSES BY THE ALL PROGRESSIVES CONGRESS (APC) IN RIVERS STATE.

IN AN APPEAL FILED BY ONE ABDULAHI UMAR AND  JUDGEMENT DELIVERED BY JUSTICE CENTUS NWEZE ON MONDAY, THE APEX COURT HELD THAT THE COURT OF APPEAL OUGHT NOT TO HAVE VACATED THE INJUNCTIVE ORDER ISSUED AGAINST THE APC BY THE RIVERS STATE HIGH COURT ON THE CONDUCT OF THE CONGRESSES.

THE ORDER OF THE APPEAL COURT ISSUED ON JUNE 21, 2018 AGAINST THE RULING OF A RIVERS STATE HIGH COURT WAS VOIDED BY THE APEX COURT ON THE GROUNDS THAT THE APPELLATE COURT ACTED IN BAD FAITH.

THE APEX COURT FURTHER HELD THAT THE COURT OF APPEAL OUGHT NOT TO HAVE GRANTED ITS DISCRETION IN FAVOUR OF APC BECAUSE THE PARTY WAS IN GRAVE VIOLATION OF THE ORDER OF THE HIGH COURT.

JUSTICE NWEZE SAID THAT THE APPEAL COURT HAS A DUTY TO PROTECT A LAWFUL SUBSISTING ORDER AND OUGHT NOT TO HAVE GRANTED FAVOURABLE JUDICIAL DISCRETION FOR A PARTY THAT WILLINGLY DISOBEYED VALID COURT ORDER.

AND THAT IT IS A SUICIDE MISSION FOR THE COURT OF APPEAL TO HAVE DEPARTED FROM VARIOUS DECISION OF THE SUPREME COURT THAT ANY PARTY IN CONTEMPT OF COURT OUGHT NOT TO BE GRANTED JUDICIAL DISCRETION AND IN THIS MATTER APPEAL COURT IS BOUND TO FOLLOW SUPREME COURT FINAL DECISION.

JUSTICE A. C. NWOSU, OF THE RIVERS STATE HIGH COURT HAD IN AN EXPARTE MOTION FILED BY UMAR RESTRAINED THE APC FROM CONDUCTING THE CONGRESSES PENDING THE DETERMINATION OF THE SUIT INSTITUTED BY UMAR, COMPLAINING AGAINST HIS MARGINALIZATION AND 22 OTHERS IN THE SAID CONGRESSES.

BUT WHILE THE INJUNCTIVE ORDER OF THE HIGH COURT WAS SUBSISTING, THE APC WENT AHEAD AND CONDUCTED THE WARD, LOCAL GOVERNMENT AND STATE CONGRESSES ON MAY 19, 20 AND 21.

AFTER THE CONDUCT OF THE CONGRESSES, THE COURT OF APPEAL IN A RULING ON AN APPLICATION BY APC SEEKING STAY OF EXECUTION OF THE HIGH COURT INJUNCTIVE ORDER AND STAY OF PROCEEDINGS OF THE MAIN SUIT, VACATED THE INJUNCTIVE ORDER AND REFUSED TO STAY HEARING OF THE SUBSTANTIVE MATTER PROMPTING UMAR TO COMPLAIN TO THE SUPREME COURT.

THE APEX COURT THEREFORE NULLIFIED AND SET ASIDE THE DECISION OF THE APPEAL COURT DELIVERED ON JUNE 21, 2018.


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