Again, Court strikes out appeal by APC in Rivers State
Appeal Court sitting in Port Harcourt has again struck out an appeal filed by the Rotimi Amaechi faction of the All Progressives Congress, APC in Rivers State, challenging the judgement of the Justice Chiwendu Nworgu of the Rivers State High Court which annulled party’s wards, local governments and state congresses.
The Court of Appeal had on the December 12, 2018, struck out the same appeal against the state High Court decision for lack of merit and filing out of the stipulated time in the constitution.
The party on the Tuesday, January 15, re-appealed challenging the ruling of the same court, stressing that the lower court does not have the jurisdiction to hear the matter on the first instance.
But, the visiting Appeal Court panel constituted to handle the matter, struck it out, stressing that it was a pre-election matter.
Delivering the judgement on behalf of the panel, at about 7:00pm, on Wednesday, Justice C.N. Uwa noted that the matter which the lower court handled was a pre-election and ought to have been appealed and disposed off within 60 days after the judgement of the lower court.
Uwa noted that its hands are tied to go into the substantive case, stressing that a preliminary objection which bothers on the status (timing) of the case had earlier been taking by the same court.
Uwa stated that where an action is status bound it means that the court has no right to hear it, adding that the issue of filing out of time is a preliminary objection, which she said is in itself a case.
She held that the court would remain consistent in its rulings, adding that the same court had earlier struck the appeal out on the issues of time of filing.
Uwa said: “This is a pre-election matter. It has earlier been held by this same court in an appeal of the substantive matter: This court cannot seat against itself on the same matter.
“The appeal is fundamentally defective. The court cannot go into the matter, as doing so will amount to an effort in futility.
“It is unnecessary to continue on an appeal no matter the merit, which this court has held as status bound. It would be an effort in futility to continue. It is thus status barred! This appeal is hereby struck out”
Speaking with journalists immediately after the judgement, Henry Bello, Counsel for Ibrahim Umar and other 22 aggrieved APC members explained that: “There is no Appeal anymore pending in this court of Appeal against the decision of the High Court of Rivers State delivered by Justice Chiwendu Nwogu on October 10, 2018
“This is that the judgement of the court on October 10, was validly made, subject to the decision of the supreme Court in defending the appeals at the supreme court.
“The implication is that as from today (Wednesday), there is no more challenge at the court of Appeal against that judgment of the lower court, the High Court of Rivers State in the suit by Ibrahim Umar and 22 others against All Progressives Congress.
“By this judgment, it is now declared non and void the indirect primary elections conducted in Rivers State by the APC”, Bello added.
