JUST IN Supreme Court upholds Judgment nullifying APC Primaries in Rivers State

Supreme Court has on Friday reaffirmed that the judgment of the Rivers State High Court that nullified all the congresses and Indirect Primaries conducted by a faction of the All Progressives Congress, APC, was a consent judgment.

Last Monday, a Federal High Court sitting in Port Harcourt had nullified both the direct and indirect primaries conducted by two factions of APC in Rivers State.

The court, presided by Kolawole Omotosho, also restrained the Independent National Electoral Commission, INEC, from recognising candidates of the APC for the 2019 general elections in the state.

Two factions of the party had conducted parallel primaries that produced two sets of candidates.

While one faction, loyal to former Governor Rotimi Ameachi produced Tonye Cole as its candidate, the other loyal to serving senator, Magnus Abe, produced him as its own candidate.

The national secretariat of the APC however recognised Mr Cole as the authentic candidate of the party. His name was forwarded to INEC.

In a suit filed by Mr Abe, the court declared that the APC, for failing to respect the law, must bear the consequences of her disobedience to the law.

Justice Omotosho declared that both the direct and indirect primaries were held during the pendency of the suit at the Rivers State High Court.

According to the court, the APC conducted the indirect primaries in gross disrespect of the pending suit before the Rivers State High Court.

He noted that the judgment of the state high court nullifying the primaries of the APC in Rivers State is yet to be set aside by an appellate court, hence it remains valid.

The court, therefore held that the names sent by the Amaechi faction and the National Working Committee of the APC to INEC for the 2019 general elections were illegal and should be disregarded.

He added that the direct primaries conducted by the Magnus Abe faction were illegal because the National Working Committee of APC did not monitor or participate in the processes.

The judge added that the state high court was clear when it nullified all primaries and congresses held during the pendency of the suit, which included the direct primaries conducted by the Abe faction.

Magnus Abe’s reaction:

“A stunning victory for democracy and justice at the Supreme Court this morning. The God of Justice has spoken. Every other voice must now be silent.”