The Court of Appeal sitting in Port Harcourt on Tuesday set aside two Federal High Court judgments that invalidated the nominations of Action Democratic Party ADP and African Democratic Congress (ADC) State House of Assembly candidates in Rivers State.

The penultimate Court in the appeal marked: CA/PH/480/2022 filed by 12 aspirants from both parties, set aside the High Court Judgements and upheld the appeals.

The Rivers State Chapter of the Peoples Democratic Party (PDP) had challenged the nominations of 12 House of Assembly Candidates of the ADC, citing non-compliance of the Electoral Act 2022. The ruling Party in the State argued that the ADC did not state its mode of Primary with which Candidates emerged.

In October, Justice Adamu Turaki Mohammed of the Federal High Court in Port Harcourt, upheld the arguments of the plaintiff (PDP) and nullified the nominations of seven Candidates. The judge ruled that the PDP could not provide enough evidence to disqualify five other Candidates.

Justice Mohammed in his judgement said the Independent National Electoral Commission (INEC) does not have the legal right again to publish and accept the candidacy of the seven ADC candidates, because the evidence before him showed that the party failed to comply with the provisions of the new electoral act. The affected Constituencies were: Tai, two in each of Ahoada, Etche and Ogba–Egbema–Ndoni (ONELGA).

Similarly, the PDP in the State also approached the Court to disqualify 10 House of Assembly Candidates of the ADP for not complying with provisions of the Electoral Act 2022.

Justice Mohammed who nullified five (5) of the Candidates said it cannot nullify the five other ADP candidates because the PDP did not provide enough evidence to determine that the primaries were held outside the constituencies. The affected Constituencies are: Emohua, Eleme, Bonny, Omuma, and Oyigbo

Dissatisfied with the rulings, the ADP, ADC and their Candidates appealed both judgements.

In a unanimous ruling on Tuesday, Justice Gabriel Omoniyi Kolawole JCA who read the lead Judgement, re-instated the affected Candidates.

The candidates for the State House of Assembly election were validly nominated and could participate in the forthcoming general elections, he said.

"The lower court ordinarily should not have entertained the suit. No political party has the locus to challenge the primaries of another political party," he held.

Recall, the the Rivers PDP had previously challenged the nominations of the House of Assembly Candidates over non-compliance of the Electoral Act and INEC not monitoring the Primaries. The parties are the Accord Party (AP), All Progressives Congress (APC), Labour Party (LP) and the New Nigeria Peoples Party (NNPP).

Justice Phoebe Msuen Ayua of the Federal High Court in Port Harcourt is expected to deliver judgement on the case of the PDP V House of Assembly Candidates of the Accord Party on December 07, 2022.

Justice Turaki Mohammed in October disqualified 16 of the 32 House of Assembly Candidates of the APC and also 14 NNPP House of Assembly Candidates in Rivers State.

He also disqualified four (4) LP Candidates in November. All three cases are pending at the Court of Appeal in Port Harcourt.

MiaBeer:

The Nigerian judicial system need serious reform. I’m hopeful that Peter Obi’s administration will take it as a priority. Our judges are corrupt because they go with the highest bidders.

fergie001:
This has heavy implications for the Rivers APC & NNPP State Assembly Candidates as well as Labour Party National Assembly Candidates.

Tonye Cole has to pray hard for his dual citizenship troubles anyways.

opalu:
Victory for democracy

mrksquare:
Justice Emmanuel Obile, Wike's hatchet judge will be put to shame in the days ahead.

The only institution that can safe guard our beleaguered democracy is the judiciary. But it is unfortunate that we have characters like Emmanuel Obile, Turaki Mohammed and Delop Pam as judges.

Judges should be an embodiment of morally and should at all times live above board. Any judge that is genuflecting to the whims of the executives isn't fit to be called a judge.

slivertongue:
The lower court ordinarily should not have entertained the suit. No political party has the locus to challenge the primaries of another political party," he held.

fergie001:
This has heavy implications for the Rivers APC & NNPP State Assembly Candidates as well as Labour Party National Assembly Candidates.

Tonye Cole has to pray hard for his dual citizenship troubles anyways.

fergie001:
This has heavy implications for the Rivers APC & NNPP State Assembly Candidates as well as Labour Party National Assembly Candidates.

Tonye Cole has to pray hard for his dual citizenship troubles anyways.

sageb:


Na Dumo own go sweet me pass.
Why is wike afraid of the opposition parties?

fergie001:
This has heavy implications for the Rivers APC & NNPP State Assembly Candidates as well as Labour Party National Assembly Candidates.

Tonye Cole has to pray hard for his dual citizenship troubles anyways.

Antoeni:
Hmmm Wike Has Just Received An Upper Cut