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APC candidates hopes revive in Rivers
 
By:
Tue, 5 Feb 2019   ||   Nigeria,
 

The River state Court of Appeal on Monday granted a stay of execution on the judgment of a Port Harcourt High Court which annulled the primaries of the All Progressives Congress (APC) in Rivers State.

With the stay granted by the appeal court, the hope of the party’s candidates for governorship, national and state assembly elections have been renewed.

Before now, one of the APC governorship candidates in Rivers State, Tonye Cole, affirmed that he is optimistic of featuring on the ballot and charged his factions to intensify campaign.

Tonye Cole received the court verdict with satisfaction, saying “The decision of the Court of Appeal has proved beyond reasonable doubt that justice can only be delayed, but not denied. It has similarly justified the legal axiom which says that those who come to equity must do so with clean hands.

In a press statement issued in Port Harcourt, Cole stated; “Our position is that the landmark decision which opens the way for the APC to participate in the electoral process is an act of God, a victory both for democracy, the people and the judiciary.”

A bloc of the APC loyal to the Minister of Transportation, Chibuike Amaechi, had approached the Appeal Court for an order to stay the execution of the judgement of the lower court to allow them participate in the elections.

The three-man appeal panel led by Justice Ali Gumel held that it would be an act of injustice and unfair if the order was not granted.

Mustafa said that the court had jurisdiction to hear the matter against the position of the respondent’s counsel, Henry Bello.

On the argument of Bello that the court could not stay execution on the matter in which action had been completed, Muhammed stated it was not in the position of court to declare an event completed when INEC which is a party in the matter has not affirmed such.

He held that the court considered the affidavit and responses of the parties, adding that every case was decided in its peculiarity and thereby stayed the execution of the judgement of the Federal High Court.

Mr Chimenem Wisdom Jerome, counsel for APC candidates, said that with the judgement, INEC will bring back his clients in the list for the 2019 general elections.

On his part, Patrick Luke, who is the counsel for the other APC candidate Magnus Abe and 42 others, maintained that the court ruled in error.

He said that the court could not give order for a stay of execution on a completed act.

 

 

 

 

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