The Court of Appeal in Abuja has upheld the Rivers State Local Government elections conducted by the administration of Governor Siminalayi Fubara.

This was contained in a judgement given by the appellate court on Thursday while overturning a Federal High Court judgement that ruled against the council election.

SaharaReporters had reported that the Action Peoples Party (APP) was winner in 22 of the 23 local government areas of Rivers State in the local government election held several Saturdays ago.

The Rivers State Independent Electoral Commission, RSIEC had declared the Action Peoples Party, APP, winner in 22 of the 23 local government areas of the state.

The Chairman of the Commission, Justice Adolphus Enebeli (retd), had declared the results at the RSIEC office in Port Harcourt.

Enebeli clarified that the result of Etche Local Government Area and the 319 councillorship positions would be announced upon conclusion of collation.

The RSIEC chairman said the election was held at 6,866 units of the state and that 18 political parties participated in the process.

Dissatisfied with these results, the All Progressives Congress (APC) had approached the Federal High Court to nullify the process for alleged breach of Electoral Act and the party succeeded at the lower court.

However, the appellate court later determined that the lower court lacked jurisdiction to hear the case presented by the All Progressives Congress (APC).

The court also held that the Electoral Act is not applicable to local government elections.

In its ruling, the Court of Appeal stated that the Federal High Court did not have the jurisdiction to entertain the appeal filed by the APC against the conduct of the local government election in Rivers State.

The court further clarified that the Electoral Act, which governs the conduct of elections in Nigeria, does not apply to local government.

The Rivers State Chapter of the Peoples Democratic Party, PDP has disagreed with its national leadership for dissociating the Party from the appeal filed at the Court of Appeal, Port Harcourt Division against the ruling of the High Court of Rivers State in Suit No: PHC/2177/CS/2024.

The national headquarters of PDP had in a press statement issued by Hon. Debo Ologunagba – the National Publicity Secretary of the Peoples Democratic Party (PDP) dissociated the Party from the appeal filed at the Court of Appeal case.

However, in a swift reaction the Rivers State PDP Chapter, the legal Adviser, Kingsley Chuku, a press statement argued that the “Federal High Court, Abuja Division in the case of Ambassador Akawo Vs Peoples Democratic Party & 2 Others in- SUIT NO: FHC/AB-J/CS/112/2023 delivered on the 20th day of September, 2023 had interpreted Article 46(1) of the Constitution of the Peoples Democratic Party and declared that the State Legal Adviser of the party is vested with the requisite powers and authority to appoint legal representation for the party in relation to the activities of the party at the State level”.

Also, the State PDP Legal Adviser, Chuku pointed out that is that the Peoples Democratic Party did not appeal against the said judgment till date.

Chuku clarified that he issued the letter of instruction to the Counsel who filed processes in the case in question, i.e., Suit No: PHC/2177/CS/2024 and authorized him to file the Notice of Appeal, relying on the judgment of the Federal High Court in the case of Ambassador Desmond Akawo Vs Peoples Democratic Party & 2 ORS (SUPRA).

“I reiterate that the Rivers State Chapter of the party authorized the filing of the appeal.
Thank you”, Chuku said.

Recall that PDP, has distanced itself from an appeal filed at the Court of Appeal, Port Harcourt Division.

The PDP National Publicity Secretary, Debo Ologunagba, made the clarification in a statement on Sunday in Abuja.

Mr Ologunagba said that party’s attention was drawn to a SUIT No: PHC/2177/CS/2024 wherein the PDP was reportedly listed as appellant.

He said that the purported appeal was never authorised or instituted by the party.

“For the avoidance of doubt, the PDP National Legal Adviser, Kamaldeen Ajibade, has ascertained that the party did not file the said appeal neither did it authorize any external solicitor to file same on its behalf.

“As such, the PDP cannot be listed as appellant in the appeal.

yarimo:
So the governor and oko jumbo can chose which court order they will obey and enforce . By the verdict of appeal court oko jumbo is not the speaker of the house, martin remain the state assembly speaker. Any seating by jumbo is illegal

Rivers Crisis: Appeal Court Adjourns Hearing Of Pro-Wike Lawmakers’ Pleas To June 20, Orders Parties To Maintain Status Quo

An Appeal Court in Port Harcourt, Rivers State capital has ordered the 27 Rivers State House of Assembly members loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, to maintain status quo.

The appellate court gave the order at a virtual ruling held via Zoom on Friday on two Motions filed by Pro-Wike’s embattled Speaker of the State House of Assembly, Martins Amaewhule and 26 other lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023.

The lawmakers had filed an appeal challenging the order of injunction granted by the Rivers State High Court, restraining them from parading themselves as lawmakers and that their acclaimed defection was invalid.

SaharaReporters had reported that Rivers State High Court Judge, Justice Okogbule Gbasam, ruled that Amaewhule and the other 26 lawmakers were still members of the PDP.

The judge ruled that the claimants failed to provide evidence of the defection, stating that party membership can only be proven through listing on the party's register or a membership card.

Justice Gbasam emphasized that mere TV ceremonies and verbal declarations are insufficient to establish defection.

Since the lawmakers' names remain on the PDP's membership register, they are still considered PDP members, the court ruled.

But the Rivers State Government denied reports that the 27 lawmakers led by Amaewhule were still members of the PDP as ordered by court, saying such an assertion was misleading and false.

The government’s position was stated by the Attorney-General of the state and Commissioner for Justice, Dagogo Israel Iboroma.

According to him, the suit before the court did not seek to declare the seats of Amaewhule and 26 others vacant.

On Friday, the appeal court in a ruling on the first motion, granted the Appellants’ prayers for leave to compile and transmit the Records of Appeal, deeming the Appellants’ Brief of Argument as filed, accelerated hearing and a stay of further proceedings at the High Court.

However, the Appellate Court refused to grant the Appellants’ prayer for stay of execution and the setting aside of the interim order of the State High Court.

The court held that granting the Appellants’ prayer for stay of execution of the lower court order would amount to determining the appeal at this stage.

The court therefore ordered that the Appellants must maintain the present status quo pending the hearing of the appeal.

The court ordered that the Respondents are to file their briefs within 72 hours of being served.

It thereafter adjourned the hearing of the appeal to June 20.

phantom:
BREAKING NEWS

Appeal Court adjourns on the matter of CA/PH/137M/2024: Hon. Clifford Enyiada Cookey-Gam (Executive Chairman, Opobo/Nkoro LGA & 6 Ors Vs GOV. of Rivers State & Ors to June 20, 2024.

Chairmen Laalam😃🤣😃😃

The game is the game... 😂

Appletek:


Did you see what happened to Edu?
She had to beg for car lift to leave the villa.

They will impeach Fubara and his security aides will be withdrawn. Everything will happen within 6 hours. He will be throwing tantrums as a private citizen.