Supreme Court strikes out Rivers APC governorship candidate suit
The Supreme Court has struck out appeals brought before it by the All Progressive Congress (APC)and its factional governorship candidate in Rivers state, Tonye Cole seeking to participate in the 2019 general elections.
The apex court dismissed the separate appeals filed by the party and Tonye Cole on grounds that the notices of appeals were incompetent.
In the notices of appeal, the two appellants had erroneously asked the court of Appeal to make them participants in the general elections in the state instead of the supreme court.
In the first appeal (APC Vs PDP), Apc represented by its counsel, Jibril Okutepa had prayed the seven-man panel of the Supreme Court to overrule its own decision which had earlier upheld the restraining order that barred APC from participating in the general elections.
Its grouse was that the restraining order from the high court of Rivers State was obtained in a fraudulent manner.
However, counsel to the People’s Democratic Party(PDP), Emmanuel Ukala had drawn the attention of the Supreme Court to the notice of appeal of APC where the party erroneously prayed the Court of Appeal instead of the Supreme Court to grant its reliefs.
Okala, who cited several authorities, submitted that the APC had not asked for anything from the supreme court and therefore, the notice of appeal is incompetent in law and urged the apex court to strike out or dismiss same.
In its ruling delivered by the acting Chief Justice of Nigeria, Ibrahim Mohammad, the court agreed that the notice of appeal by APC was incurably defective and grossly incompetent.
Justice Mohammad, therefore, struck out the notice of appeal and dismissed it for being incompetent.
In the second appeal filed by Tonye Cole, through his counsel, Tuduru Eteh, the notice of appeal was wrongly addressed to the court of appeal.
In the reliefs being sought, that the supreme court should officially declare him as APC gov. Candidate for the 2019 election.
This promptly made the counsel to withdraw the incompetent notice of appeal and which was subsequently struck out by the acting CJN.
With the latest decisions of the Supreme Court, all legal issues or court actions concerning rivers state APC in relation to 2019 general elections have been laid to rest.
In the third appeal between APC and senator, Magnus Abe, the court struck out the notice of appeal on the same ground that it was incompetent to have g been addressed to the court of appeal instead of supreme court.
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