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  • Supreme Court decides Rivers APC’s fate Tuesday

    *To deliver judgement on Appeal Court’s decision voiding APC’s primaries
    *Strikes out Sen Abe’s appeal for stay of execution of Appeal Court’s judgment
    *Orders parties to return to Appeal Court

    Supreme Court will deliver judgements in the about six appeals by the two warring factions of the All Progressives Congress (APC) in Rivers State.

    The appeals are mainly against the decision of the Court of Appeal in Port-Harcourt, which upheld the judgment of the High Court of Rivers State which voided the primaries conducted by the faction loyal to Rotimi Amechi and the other loyal to Senator Magnus Abe.

    A five-man panel of the Supreme Court, led by Justice Bode Rhodes-Vivour scheduled judgment for Tuesday after entertaining arguments, on Monday, from lawyer to the faction loyal to Amaechi, Lateef Fagbemi (SAN) and Henry Bello, who represented the faction loyal to Abe.

    Fagbemi and Bello argued the appeal filed by the APC, in which the court said it will give judgment on Tuesday, and which will be binding on the other appeals.

    Fagbemi urged the court to void the judgement of the High Court on the ground that the trial court had no jurisdiction when it entertains the suit on which the judgment was given.

    He contended that since the trial court had no jurisdiction it’s judgement in the matter amount to a nullity and should be set aside.

    Fagbemi urged the court to invoke Section 22 of the Supreme Court Act and give final judgement to end the multiple cases arising from the rivers state APC primary election.

    Read Also: Supreme Court did not bar Rivers APC, says Senator Uchendu

    Bello, in his counter-argument, urged the apex court to dismiss the appeal of the APC on the ground that it has become a mere academic in nature in view of an earlier decision by the court.

    He contended that by the decision of the court on February 8, 2019 which upheld the order of the High Court, restraining APC in Rivers State from conducting any primary election, the current appeal by APC had died and should be buried.

    Bello told the court that the respondents, led by Ibrahim Umar, who were aggrieved by the violation of the Electoral Act and the Constitution in the manner the APC conducted its pre-election matters in Rivers, had secured a consent judgement in their favour, a judgment, he insisted, still stands.

    He urged the court that to hold instant appeal has become academic exercise.

    At the conclusion of arguments by parties, Justice Rhodes-Vivour frowned at the multiple appeals filed by both factions of the APC in Rivers on a single issue.

    He said the multiple appeals were not only time wasting they were capable of confusing the court.

    Meanwhile, the Supreme, on Monday, struck out an appeal filed by Senator Magnus Abe against the stay of execution of the judgment of the federal high court, which nullified the nomination of Tonye Cole and others as candidates the APC in Rivers State in the general election.

    The court upheld the argument by lawyer to the APC, Lateef Fagbemi (SAN).

    Fagbemi had argued that the records of proceedings at the lower court, filed by Senator Abe did not follow the rules of the Appeal Court to certify the said documents.

    Ruling Justice Rhodes-Vivour noted that only a few of pages of the records of appeal were signed.
    He said since most of the pages were not signed, it could be interpreted that they were Senator Abe’s personal documents.

    Justice Rhodes-Vivour ordered parties to the appeal back to the Court of Appeal for the determination of the substantive appeal.

    Abe had appealed an interlocutory decision of the Court of Appeal, which stayed the execution of the judgment of the High Court which nullified the primaries of the APC in Rivers State

  • …Ignore Abe, others; we ’ll emerge victorious — Rivers APC, Tonye Cole campaign

    The Rivers State chapter of the All Progressives Congress (APC) has urged Rivers people and other lovers of democracy to ignore Senator Magnus Abe (Rivers Southeast) and his allies for misrepresentation of facts on yesterday’s Supreme Court ruling, insisting that the candidacy of Pastor Tonye Cole and others of the APC is not imperiled.

    Cole, a pastor of the Redeemed Christian Church of God (RCCG), who is a co-founder of Sahara Group, still expressed optimism that he and other candidates of the APC in Rivers would be on the ballot for this year’s elections and they would emerge victorious.

    The justices of Supreme Court, yesterday, ruled on APC’s legal representation in the suit at the Rivers State High Court, Port Harcourt, presided over by Justice Chinwendu Nwogu.

    Rivers APC, through its Publicity Secretary, Chris Finebone, yesterday said: “The attention of Rivers State chapter of APC has been drawn to a myriad of reports making the rounds on the social media, giving conflicting, and in some cases, outright mischievous narratives, misinterpreting and misrepresenting the pronouncement of the Supreme Court of Friday, February 8, 2019, on the matter between Ibrahim Umar and 22 others versus Rivers APC.

    “Whereas the Rivers APC is reluctant to take issues with anyone when it concerns matters before the court, however, we believe that members of the public deserve to be protected from calculated mischief and misinformation, especially those dispensed through the social media and rumours. Therefore, it has become highly necessary to re-state what transpired at the Supreme Court.

    “The apex court ruled that, in line with provisions of the Constitution of the APC, the chapter’s legal adviser at the time the matter commenced, Mr. Chieme Chinweikpe, rightly represented the party directly or through legal appointees of his, instead of Mr. Lateef Fagbemi, SAN, who was seconded by the Legal Department of national headquarters of APC. This means that the judgment given by Justice Chinwendu Nwogu was a consent judgment following thereto.

    “Irrespective of how we feel about the pronouncement, the Rivers State chapter of APC has to accept that decision, having come from the highest court of the land.

    “We make haste to, however, state that the decision on legal representation was the only matter the Supreme Court made pronouncement on today. We expect the apex court to rule on the all-important issue of jurisdiction of whether the Rivers State High Court of Justice Chinwendu Nwogu was right to delve into what we believe was an internal affair of the APC, with regards to primaries.

    “We urge the mainstream media and innocent members of the public to resist the lure of mischievous individuals, who are inundating the social media and entire cyberspace with jaundiced versions of today’s (yesterday’s) Supreme Court ruling or churning out outright fake news, with a view to deceiving the public, deluding themselves with short-lived comfort and feathering their nests from their paymasters.

    “We are convinced that no harm has been done to the candidacy of our governorship candidate, Pastor Tonye Cole, and the others. We believe that, by the grace of God, we shall triumph and ultimately be on the ballot for the 2019 elections.”

    The main opposition APC also called on the teeming supporters of the party in Rivers to remain calm, while assuring that it would surely end in praise and declared that candidates of APC in the state would surely be on the ballot and go ahead to win on February 16 and March 2, 2019.

    The Director, Strategic Communications of Tonye Cole/Victor Giadom Campaign Organisation of APC, Prince Tonye Princewill, said in his reaction yesterday evening: “I have just spoken with our lawyers. Today’s (yesterday’s) judgment is nothing to overly concern ourselves over. I thought it was worse when I heard that the Nyesom Wike (of Peoples Democratic Party) and Magnus Abe’s camps were celebrating.

    “After the defeats they (Wike and Abe) suffered in recent weeks, any news is good news for them. Our two appeal court judgments remain valid. No one else has been declared candidate and the substantive matter has not even been touched. That will be coming up on Monday. So, no cause for alarm.”

    The spokesman of Cole/Giadom campaign organisation, Ogbonna Nwuke, a former member of the House of Representatives, while also reacting, declared that the celebrations by Wike, Abe and their drowning supporters would soon turn to sorrow, while expressing confidence that justice would be ensured by the courts.

    Nwuke, an ex-Rivers Commissioner for Information, said: “Our attention has been drawn to reports which suggest that Ibrahim Umar and 22 others have secured a final determination at the Supreme Court.

    “The facts available to us is that the only issue determined on Friday, February 8, 2019 was that of legal representation, which had been in contention.

    “Based on the various conflicting headlines being carried, it is critical to state that there are other pending matters, including the substantive appeal, which is yet to be determined by the Supreme Court. Our faith in the judiciary remains unshaken.

    “We wish to urge our numerous supporters not to panic, following the deliberate misrepresentation of facts on the social media and elsewhere, regarding the outcome of today’s (yesterday’s) ruling. We shall surely be triumphant in the end.”

    Contrary to insinuations doing the round, the Supreme Court, yesterday, never pronounced Abe and candidates of his faction, who emerged through direct primary election, not supervised by officials of the national secretariat of APC, as authentic candidates of the party, while Prince Peter Odile, whom Abe announced as Rivers APC state chairman of his faction, was not recognised by the apex court.

  • PDP hails Supreme Court’s ruling on Rivers APC

    The People’s Democratic Party (PDP) has hailed the judgment of the Supreme Court nullifying primary elections of the All Progressives Congress (APC) in Rivers state.

    By implication, the APC chapter in River State will not be fielding candidates in the upcoming general elections. In a statement Friday by the spokesman for the PDP, Kola Ologbondiyan, the party described the apex court’s judgment as victory for democracy and the rule of law.

    The statement said, “The party commends the apex court for its courage in delivering the landmark judgment, which has saved the nation from a serious constitutional crisis that could have marred the 2019 general elections and detract from our overall electoral system.

    Read Also: PDP protests posting of police chief Egbetokun to Kwara

    “The judgment of the Supreme Court serves as a huge lesson to politicians and political parties, to eschew impunity and always conduct their affairs in a manner that is in tandem with the provision of the law.

    “The courage displayed by the Supreme Court in delivering the judgment at this critical time in our national life has also restored the confidence of Nigerians in the institution of the Judiciary and our democratic order.

    “The PDP however urges its teeming members across the country to continue to work hard in consolidating on the already established victory of our great party in all elections, beginning with next Saturday’s presidential election”.

  • Tonye Cole: we’ll overcome temporary setback

    Governorship candidate of the All Progressives Congress (APC) in Rivers state, Tonye Cole has described Friday’s Supreme Court judgement upholding decision of the Lower Court on Rivers primary as only a temporary setback that will be overcome.

    In a statement by the spokesman of the Cole/Giadom Campaign Organisation, Ogbonna Nwuke, Cole expressed confidence that the APC in Rivers will triumph at the end of the day when the substantive suit is determined by the Apex court.

    The Supreme Court had on Friday upheld the ruling of the Court of Appeal and the High Court in Rivers State blocking the primaries conducted by the All Progressives Congress (APC) in Rivers State.

    The statement reads: “Our attention has been drawn to reports which suggest that Ibrahim Umar & 22 others have secured a final determination at the Supreme Court.

    Read Also; ‘Tonye Cole should search his conscience’

    “The fact available to us is that the only issue determined today, Friday, 8th February, 2019 was that of legal representation, which had been in contention.

    “Based on the various conflicting headlines being carried, it is critical to state that there are other pending matters, including the substantive appeal, which is yet to be determined by the Supreme Court. Our faith in the judiciary remains unshaken.

    “We wish to urge our numerous supporters not to panic, following the deliberate misrepresentation of facts on the social media and elsewhere regarding the outcome of today’s judgement. We shall surely be triumphant in the end.”

  • Breaking: Supreme Court voids Appeal Court’s judgment on Rivers APC

    The Supreme Court has set aside the decision of the Court of Appeal, Port-Harcourt division on October 31, 2018.

    The court, in a unanimous judgment of a five-man panel, also dismissed the appeal, marked: CA/PH/198/2018 filed by the All Progressives Congress (APC) against the interlocutory ruling by Justice C. Nwogu of the High Court of Rivers State on May 11, 2018.

    Justice Nwogu had, in the ruling in the suit, Marked: BHC/78/2018 filed by Ibrahim Umah and 22, granted an order of interlocutory injunction, restraining the respondent (APC) “from conducting any Local Government Area congress in Rivers State on May 12, 2018 or any other date.”

    Read Also: Supreme Court strikes out Senate’s suit over CJN’s suspension

    Justice Dauda Sidi Bage, who read the lead judgment on Friday, dismissed the APC’s objection to the appeal, marked: SC/1070/2018 filed by Ibrahim Umah and 22 others against the APC and upheld the appeal.

  • APC seeks postponement of Rivers gov election

    The All Progressives Congress ( APC ) in Rivers state has asked the Independent National Electoral Commission (INEC) not to conduct the election in the state saying doing so will be handing the state to the People’s Democratic Party (PDP) candidate on a platter of gold.

    Reacting to a statement credited to INEC that the APC is not yet on the ballot, the party’s Director of Strategic Communications for the Tonye Cole Campaign, Prince Tonye T.J.T Princewill said in a statement made available to The Nation in Abuja that conducting the election without the APC will be an exercise in futility.

    He said “Of course we are not yet on the ballot, it’s a process. INEC by now has received the first order and in another day or so, will receive the second one. Then their lawyers will advise them and at a meeting of the powers that be, a decision will be taken. That decision will be to obey the law. We expect nothing less. If they don’t, then it will be lawful to be lawless in a lawless society. There will be no elections in Rivers state.

    “We knew Wike had penetrated the judiciary, every day the signs are revealed. We know he has also penetrated some of our security agencies, but we do not want to believe he has penetrated our electoral body at the highest levels. We are soon about to find out. Let us be patient. These things take time. Our money, that he is using, will be traced to its last hiding place when he leaves office. We know a lot about who he is working with. Money leaves a trace. And in this government, corruption will always come with consequences.”

    Read Also: APC administration fair to all governors – Badaru

    While describing the PDP as an “accident waiting to happen” he advised all those with good conscience still sitting inside it, to jump for safety before the inevitable crash or hold themselves to blame.

    He said “Wike is a learner driver. He has no business driving the vehicle of Rivers state and everyone knows it. Even he knows it. He can use money to win awards, ascribe bogus titles to himself, get biased media coverage, even delay justice, but he can’t use our money to bribe God. Judgement is coming for him and it is coming soon.”

    Tonye said further that while being on the ballot was necessary, allowing the APC candidates time to go about their campaigns, as had been denied them; was only fair because their campaigns were gaining momentum before legal gymnastics stepped in.

    He said the “PDP should be very ashamed that after four good years, their candidate could not go from ward to ward to tell them what he has done. Instead he has stumbled from LGA to LGA headquarters with more people in his entourage than indigenes to receive him, only to drop sound bites and share two-two thousand Naira to willing takers.

    $His mate (even though we are yet to ascertain Nyesom Wike’s actual age), his mate and our candidate Tonye Cole, has gone from ward to ward in every LGA and had done 236 wards out of 319 before a judge, Magnus and Wike stopped him using the law. Magnus is not our focus. He is our lost brother whom we wish well. His room is there, if he returns. Our focus is Wike and nothing will distract us from demystifying his perceived grassroots’ appeal, his supposed strong man status and his recent Mungo Park like discovery of Spirituality.

    “Tonye Cole and others must be allowed to finish their campaigns. Anything short of that cannot be just and we will contest it. INEC should get ready for the Presidential elections, but State House of Assembly, National Assembly and the Governorship elections must be a separate exercise set aside for a special date.

    “All eyes are now on INEC as the fate of Rivers state now hangs in their balance. Will Wike be given a free ride back into Government house or will the never say die attitude of Tonye Cole emerge from the ashes of court judgements? Very soon, all will be revealed.“

  • We’re yet to review our position on Rivers APC, says INEC

    FOUR days after the Appeal Court’s judgment, the Independent National Electoral Commission  (INEC) yesterday insisted that Rivers State All Progressives Congress (APC) has no candidates for the forthcoming  general elections.

    This is as the commission announced that both sensitive and non-sensitive materials for the elections have been dispatched to states in readiness for the polls.

    INEC has fixed February 16 for the presidential and National Assembly polls. March 2 has been slated for the governorship, state Assembly and council elections.

    An Appeal Court sitting in Port Harcourt, presided over by Justice Ali Gumel, granted a stay on Justice Kolawole Omotoso’s judgment on the fielding of candidates by APC in Rivers State.

    Thus, the party expected the commission to restore the names of its candidates removed as a result of the internal crisis within the party.

    But, INEC National Commissioner and Chairman, Voter Education and Publicity Festus Okoye said the commission had taken a position.

    Okoye, who spoke yesterday in Abuja at an interactive meeting with reporters revealed that the position of the commission has not changed in respect of Rivers State APC candidates for the National Assembly and governorship elections.

    He, however, stressed that if there is a change in situation of things, the commission would meet to review its stand.

    He said: “We have taken a decision relating to the issue of Rivers and if anything changes before we take our final decision, the commission will meet and also take a decision. But we have not taken any other decision and we have not repealed our position on the issue of Rivers.”

    On the preparedness of INEC ahead of the forthcoming general elections, Okoye stated that the commission has begun the deployment of sensitive materials and non-sensitive materials to states ahead of the forthcoming general elections.

    Sensitive materials are the ballot papers, result sheets and the rest.

    According to INEC, while non-sensitive materials were being delivered to local government offices of the commission, the sensitive materials were lodged in the Central Bank vaults in the states.

    He stated that some local councils have already received delivery of non-sensitive materials such as mats, matrasses, among others, preparatory to next week’s presidential election.

    He stated, “The sensitive materials and other non-sensitive materials, sleeping mats, Dunlops and so on. Some of these ones have gone to the various local governments. The generating sets that would be used in the various registration areas have also been delivered to them. The generating sets that will be used at the local governments have been delivered to them and then  touch lights that will be used by the presiding officers on election day have also been delivered to the various local governments.

    “Based on that, we have asked the resident electoral commissioners to beef up security at the various local government offices  because some of these offices have started receiving the non-sensitive materials for the conduct of the elections.

    “Secondly, the Central Bank of Nigeria in the various states have started sensitive materials for the conduct of these elections. These sensitive materials include ballot papers and result sheets. Elections are just some few days away and if we have not started receiving the sensitive materials into the vault of the Central Bank, that means we are not a serious commission.

    “So, these materials are being delivered on daily basis to the various Central Bank branches in the various states of the federation. So, we are gradually getting ready for the conduct of the elections.”

    Okoye, who also spoke on the burnt PVCs in Abia State said the commission would look at the possibility of printing a new ones for those affected.

    Read also: Buhari to PDP, EU: El-Rufai spoke in national interest

    Besides, INEC has directed its offices in the states to beef up security.

    He said: “I think the Nigerian people ought to express some level of outrage at what happened in Abia State.

    “As a commission, we thought that the era of burning the local government offices or offices of the commission had come to an end. We did not know that some will attempt to go an burn local government offices of the INEC.

    “The Resident Electoral Commissioners (RECs) as I pointed out have been asked to beef up security at their various local government offices to prevent this type of thing from happening again.”

    Okoye, who also spoke on the grievances expressed by the Road Transport Employers Association (RTEAN) for being left out in the signing of the memorandum of understanding for the lifting of personnel and materials on election days, said INEC would not sign MoU with a transport union in crisis.

    “What INEC signed with the various transport unions is MOU. The RECs and the various electoral officers in the various states have also entered into a memorandum of understanding with the local unions and also with the transporters themselves, the owners of these vehicles.”

  • Jubilation in Rivers over Appeal Court ruling

    ……as APC, Cole, campaign organisation say they’ve been vindicated

    There was jubilation Monday in Rivers State, especially in Port Harcourt and its environs, on the ruling of the Court of Appeal for stay of execution of the judgment of the Federal High Court, Port Harcourt on fielding of candidates by the All Progressives Congress (APC).

    Shortly after the appellate court in Port Harcourt, presided over by Justice Ali Gumel, granted the stay of execution of the judgment of Justice Kolawole Omotoso of the Federal High Court in the Rivers state capital, members and supporters of APC and its governorship candidate, Pastor Tonye Cole, trooped to the streets of Port Harcourt and its environs to celebrate, defying the heavy rain.

    Rivers APC, through its Publicity Secretary, Chris Finebone, declared that the main opposition party had been vindicated by the decision of the Court of Appeal, which stayed the execution of the nullification of all primaries of the APC and also restrained the Independent National Electoral Commission (INEC) from fielding the candidates in the February 16 and March 2 elections.

    The main opposition APC in Rivers said: “We have always said that the wheel of justice may grind slowly, sometimes annoyingly slowly, but surely justice comes ultimately. We believe that Monday’s judgment has vindicated APC in Rivers State.

    “Now, anyone who has carefully and painstakingly followed our pending matter at the Supreme Court, especially during the last sitting before the apex court reserved ruling, will easily and safely conclude that our victory at the Supreme Court is only a matter of time.

    “The key issues of representation and jurisdiction, which Justice Chiwendu Nwogu (of Rivers State High Court, Port Harcourt) deliberately overlooked in tailoring his judgment to fit into a predetermined purpose, and yet bandy it as a consent judgment, will be completely deconstructed by the excellent legal minds on the Supreme Court bench. In this particular case, the end will justify our dogged efforts as we shall, once again, prevail by God’s grace.

    Read Also: Peterside Idah begs youths over Rivers state elections

    “All Rivers APC faithful should remain resolute, as we are set to recover all that Satan has battled so hard to take away from us. INEC, by today’s Appeal Court ruling, should by now be reinstating our candidates’ names on the ballot, in line with the status quo before the pronouncement by the Federal High Court of Justice Omotoso.”

    Cole, a pastor in the Redeemed Christian Church of God (RCCG) and a co-founder of Sahara Group, in his reaction to the ruling, expressed gratitude to God on the victory.

    Governorship candidate of APC in Rivers said: “I just want to take a minute to thank the Almighty God for his grace upon us all. I know without Him, this would be totally impossible. We were up against it. We still are, but our God who has been with us throughout this journey, will see us to the end.

  • Poll: PDP rejects INEC’s move to accommodate Rivers APC

    The Peoples Democratic Party (PDP) has rejected alleged moves by the Independent National Electoral Commission (INEC) to accommodate candidates of the All Progressives Congress (APC) in the general elections in Rivers State.

    INEC had, through its National Commissioner and Chairman of Information and Voter Education Committee, Festus Okoye, hinted at the weekend that certain circumstances could lead to the postponement of elections in Rivers State, to accommodate the APC.

    The Federal High Court in Port Harcourt had, in two separate rulings, voided the processes through which candidates of the APC for the various elective offices emerged.

    A statement yesterday by the spokesman of PDP, Kola Ologbondiyan, described the suggestion by INEC to admit APC candidates to the election as distasteful.

    The main opposition party said the electoral body’s position only points to a collusion with the APC in a plot to stalemate electoral processes in some strategic states to pave the way for the postponement of elections in such states.

    According to the PDP, the motive is to use compromised security forces to effect massive rigging, “as was the case in the 2018 Ekiti and Osun states governorship elections”, a scheme, which the party said, would be resisted by Nigerians in the 2019 general elections.

    The statement said, “Currently, the APC is not on the ballot and has no candidates for the governorship, senatorial, House of Representatives and State Assembly elections in Rivers and Zamfara states, following the voiding of the APC congresses in these states by the court.

    “In line with this reality, the ballot paper in all elections in Rivers and Zamfara states must, under no circumstance, bear the logo of the APC.

    “The PDP insists that INEC must base all its actions and contemplations for the elections on this reality and should under no circumstance predicate any action on a hypothetical condition.

    “It is also important for INEC to know that Okoye’s advocacy for the APC detracts from the commission’s neutrality and exposes it as a compromised umpire”.

    The PDP charged the Chairman of INEC, Prof. Mahmood Yakubu, to be appropriately guided in the conduct of the general elections.

    “Unlike the APC, our party is fully prepared for the elections and will never allow the APC and some compromised INEC officials to manipulate the elections, just because the APC has seen that it has no chance of winning.

    “The PDP therefore calls on all Nigerians to unite in condemnation of this cowardly scheme by the APC in its bid to foist itself back to power against their collective will as a people”.

     

  • Gunmen kill Rivers APC chieftain

     Chairman of the All Progressives Congress (APC) in Ward 7 Onne, Eleme Local Government Area of Rivers State, Jonah Chu, has been shot dead.

    Chu was reportedly assassinated by unknown gunmen on arrival in his home after attending a function on Sunday evening.

    The state Police public Relation Officer(PPRO), Nnamdi Omoni, a Deputy Suprindentent of Police (DSP),  confirmed the incident.

    He said the police have since deposited the remains in the morgue while investigations into the unfortunate killing have already begun.

    “The APC ward 7 chairman in Eleme was killed yesterday (Sunday) evening when he returned to his house from a function.

    “The police was alerted shortly after but before out men could get there, the assailants had gone, so we recovered the body and deposited it to the mortuary.

    “Investigations into the killings have already been opened, but no arrest has so far been made,” Omoni said.