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Nairaland Forum / Nairaland / General / Politics / Rivers APC Returns To Supreme Court Today [Monday] (20810 Views)
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Rivers APC Returns To Supreme Court Today [Monday] by ojikeebere12: 9:52pm On Feb 10, 2019 |
Legal hostilities resume on Monday, February 11, 2019, at Supreme Court in an appeal that will decide the fate of the All Progressives Congress (APC) in fielding candidates for the various elective positions in Rivers State. The appeal lodged by a faction of the party loyal to the Minister of Information, Rotimi Ameachi, is an offshoot of some judicial decisions that barred the party from presenting candidates for the forthcoming general elections. Recall that the Port Harcourt division of the Court of Appeal had restrained the Independent National Electoral Commission from accepting candidates from the APC. Last Friday, the apex court upheld the order of Federal High Court sitting in Port-Harcourt which last year, barred the All Progressives Congress (APC) from conducting any primary election pending the determination of a suit brought before it by a team of 22 aggrieved members of the party. The apex court, in a judgment set aside the ruling of the Court of Appeal in Port-Harcourt which in October last year, upturned the interlocutory order of the High Court in the political case. However, it is hope that the outcome of Monday’s proceedings at the Supreme Court, which borders on the main appeal, will resolve the legal quagmire that the APC has found itself in Rivers State. The Supreme Court panel led by Justice Mohammad Dattijo, had last Friday validated the High Court order that barred APC from conducting its Rivers primaries. The Supreme evoked Section 22 of its act which allows it to take over a matter and give final judgement to decide on the appeal. In a lead judgment delivered by Justice Sidi Barge, the Apex Court held that by virtue of Section 11, Rule Five of the Appeal Court rules, the appeal against the High Court ruling having been withdrawn by the APC was tantamount to outright dismissal. Justice Barge said that since the Court of Appeal failed to make dismissal pronouncement for the said appeal, the apex court had no choice than to evoke Section 22 of the Supreme Court Act to assume jurisdiction over the case and decide on it. “It is apparent that the lower court based its decision on the lack of authority of Felix C. Nwafor on a decision which had been set aside by the Supreme Court. “The letter dated 3rd August, 2019, was, assuming it was valid, for Fagbemi (SAN) to act as ‘the only counsel on record’. He cannot also not use same as basis for leading others including Tuduru Ede. A change of counsel would have reversed or regularised the development. The letter of Fagbemi to ‘continue to act as counsel on record is a misnomer. He has never been counsel on record save for Tuduru Ede, who initiated the appeal by filling the notice of appeal. “The instruction of Felix C. Nwafor, was direct and specific. He was not to act as counsel on record. He had the mandate of the respondent to discontinue the appeal by filling a notice of withdrawal, which he did. “There is nowhere in this appeal or records where the instruction of Felix Nwafor, to this effect has been denied or withdrawn. This was further strengthen by the averments contained in the affidavit deposed to by Chiewe Chinweikpe, in support of the motion on notice dated 12th September, 2018 as contained at page 31-35 of the records of appeal. “Clearly from the foregoing, I have no hesitation in holding that it is inappropriate for the lower court to now rely on its previous decision in June 21, 2018 in October 31, 2018 to circumvent the effect of the notice of withdrawal which in actual fact, the Supreme Court being the apex court in the nation’s judicial hierarchy, had set aside the ruling on October 22, 2018 in SC/764/2018- APC V Ibrahim Umah and others. “It is my considered opinion that this appeal must be given a decent burial. The appeal having been withdrawn at the lower court by the respondent is deemed distilled. This is what the lower court failed or evaded to do. “Therefore by virtue of Section 22 of the Supreme Court act 2004, the lower court having failed to exercise its powers provided under Order 11, Rule 5, this court is bound to do so. “Thus I’ll allow, the appeal and set aside the ruling of the lower court dated October 31st 2018. I hear by dismiss Appeal No Ca/Ph/198/2018. https://www.sunnewsonline.com/rivers-apc-returns-to-supreme-court-monday/ 1 Like |
Re: Rivers APC Returns To Supreme Court Today [Monday] by SaiATKUOBI2019: 9:53pm On Feb 10, 2019 |
If anyone tells you the reason Buhari is not working is that
he inherited corruption, tell them great leaders don't blame
people and events for their failures. They simply accept
responsibility and move on. Ask them, what has Buhari
done after all the fake promise of fixing power in 6wks,
reducing pump price to #45 naira, making N1 equal to a $ 1,
stopping Boko Haram etc. It's a shame.
The inferno truth is, corruption started from heaven when
Satan violated a privilege given him. That never stop God's
works.
He waited for God to create man and brought his
lawlessness and corruption into the garden of Eden.
God wasn't moved. He introduced a redemption plan; The
Savior was born, sadly, Judas Iscariot was there.
Not discouraged yet, He gave us God the Holy Spirit.
If anyone tells you the reason Buhari is not working is that
he inherited corruption, tell them corruption is rooted in the
DNA of homo sapiens ( Latin: wise man ) because we are
just mere mortal infected with a virus of good & evil.
Yet, great leaders don't blame people and events for their
failures. They simply accept responsibility and move on." 75 Likes 13 Shares |
Re: Rivers APC Returns To Supreme Court Today [Monday] by ojikeebere12: 2:05am On Feb 11, 2019 |
SaiATKUOBI2019: Mmmmmh 5 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by kahal29: 4:54am On Feb 11, 2019 |
Hia |
Re: Rivers APC Returns To Supreme Court Today [Monday] by stevoolala: 5:17am On Feb 11, 2019 |
supreme court no get appeal if you not like wetin them say you complain to baba God 32 Likes 3 Shares |
Re: Rivers APC Returns To Supreme Court Today [Monday] by Mystick: 5:19am On Feb 11, 2019 |
This case should be resolved once for all. 1 Like 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by drshrewd: 7:06am On Feb 11, 2019 |
this is the real case to determine the fate of the Rivers state APC candidates. The Friday ruling was just a mere affirmation of stay of execution of the federal high court by the supreme court pending on the substantive judgement by the supreme court. Illiterates were jubilating that APC has lost it all in Rivers State Am no lawer, this things are not too difficult to understand Well today's judgement will determine the fate of APC in Rivers 10 Likes 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by Hector09(m): 7:20am On Feb 11, 2019 |
Rivers and zamfara apc we certainly ve a candidate 3 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by drshrewd: 7:22am On Feb 11, 2019 |
stevoolala:my brother I no that you may have read the news without comprehension Ma speak am for broken so dat you go fit grap. That mata wey supreme court rule na the mata wey go make APC stay disqualified just as the high court been rule until the supreme court go rule for the main mata wey dey ground wey bother around the legibility (chai! This one hard to breakdown ohh ) of the APC convention and the primaries wey bring out their candidates Abeg I no try 18 Likes 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by QuickStandard: 7:47am On Feb 11, 2019 |
For what exactly I thought the judgement was concluded? Anyways, everything in Nigeria has been inconclusive for a while now. Anyways, good luck 3 Likes 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by tesppidd: 7:48am On Feb 11, 2019 |
I have a feeling APC will get today's own! If the Supreme court rules that the high court lacked jurisdiction then APC is back in the elections. 9 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by joeyswift(m): 7:48am On Feb 11, 2019 |
May all your enemies not find peace,as they continue to jump from one court to another, just like Rivers apc 7 Likes 2 Shares |
Re: Rivers APC Returns To Supreme Court Today [Monday] by arabbunkum: 7:49am On Feb 11, 2019 |
Let's watch and see how their newly installed chief justice will help them thru the back door. 3 Likes 1 Share
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Re: Rivers APC Returns To Supreme Court Today [Monday] by naunasabi: 7:50am On Feb 11, 2019 |
I am sure victory is theirs today but notwithstanding I don't know how Amaechi plans on wrestling Rivers State from Wike's grip. 10 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by mrvitalis(m): 7:50am On Feb 11, 2019 |
If ameachi factions wins today...then I see I difficult fight for wike The plan is to isolate the election and give him the osun and ekiti treatment 4 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by DauraIsAGoal: 7:50am On Feb 11, 2019 |
drshrewd:APC doesn't stand a chance whatsoever of winning in Rivers, this is just a waste of time. 6 Likes 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by Nobody: 7:51am On Feb 11, 2019 |
stevoolala: RIP rivers APC Massive decamping will hit them shortly |
Re: Rivers APC Returns To Supreme Court Today [Monday] by OKorowanta: 7:51am On Feb 11, 2019 |
SaiATKUOBI2019: How dis one take concern the topic now? 4 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by kingigwe1: 7:52am On Feb 11, 2019 |
APC no get sense. God is Supreme. Appeal to Him.. Wicked wike... Wikikedia 1 Like |
Re: Rivers APC Returns To Supreme Court Today [Monday] by naunasabi: 7:52am On Feb 11, 2019 |
mrvitalis: That is if Buhari wins. 11 Likes |
Re: Rivers APC Returns To Supreme Court Today [Monday] by MrAnele(m): 7:53am On Feb 11, 2019 |
Seen See my signature |
Re: Rivers APC Returns To Supreme Court Today [Monday] by helinues: 7:53am On Feb 11, 2019 |
Just okay |
Re: Rivers APC Returns To Supreme Court Today [Monday] by dunkem21(m): 7:54am On Feb 11, 2019 |
kingigwe1: |
Re: Rivers APC Returns To Supreme Court Today [Monday] by israelmao(m): 7:54am On Feb 11, 2019 |
It is all over. 1 Like 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by Mintum: 7:54am On Feb 11, 2019 |
You want the supreme court to reverse itself? 1 Like 1 Share |
Re: Rivers APC Returns To Supreme Court Today [Monday] by johnaruson(m): 7:55am On Feb 11, 2019 |
Nonsense 1 Like |
Re: Rivers APC Returns To Supreme Court Today [Monday] by rummmy: 7:55am On Feb 11, 2019 |
Did I see minister of information? |
Re: Rivers APC Returns To Supreme Court Today [Monday] by Moventist: 7:55am On Feb 11, 2019 |
It's like saying building house without foundation. Supreme Court will dismissed this case. Supreme Court upheld "you don't have primaries," how do expect supreme court to declare you having candidates? 4 Likes 2 Shares |
Re: Rivers APC Returns To Supreme Court Today [Monday] by hisexcellency34: 7:56am On Feb 11, 2019 |
Corrupt Onnoghen is out. They will get justice 5 Likes |
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