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By Joel Anekwe
The crisis rocking the Rivers State chapter of the All Progressives Congress (APC) further deepened on Wednesday as a High Court sitting in Port Harcourt nullified the ward, local government and state congresses of the party conducted in August.
The court, presided over by Justice Chinwendu Nwogu, also nullified the governorship, National Assembly and State House of Assembly primaries conducted by the Ojukaye Flag-Amachree- led APC on the 29th of September, 2018.
While delivering judgment in a case filed by a faction of the APC, led by Senator Magnus Abe, against the conduct of the party’s ward, local government and state congresses in August, Justice Worgu said that the decision of the Rivers APC to defy court order against the conduct of the congresses was not good for democracy.
The judge also declared that the perpetual injunction against his earlier ruling by an Abuja High Court in favour Ojukaye Flag-Amachree was not binding on the court.
He stated that all actions taken by the APC during the pendency of the suit had been set aside because they were illegal and unconstitutional.
Justice Nwogu declared that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19, 2018, but were unjustly excluded by the party.
He said: “The rule by might must be checked by the rule of law. We must restore the hope of the common man in the justice system”.
Justice Nwogu who based his judgement on the Amaechi versus INEC matter of 2007, noted that having studied the submissions in the matter, he was bound to make consequential orders to ensure that justice was done in the case.
He stated that the High Court has jurisdiction to entertain the matter as an appeal filed by the respondents at the Court of Appeal, Port Harcourt to stop proceedings on the suit was rejected by the Appellate Court on September 21, 2018.
He stated that all through the hearing, the APC filed no counter-affidavit denying the facts of the matter as presented by the applicants in the originating summons.
Justice Nwogu said that it is trite law that facts not disputed are deemed admitted.
Reacting to the judgement, counsel to the aggrieved APC members, Henry Bello described the judgement as a victory for the rule of law saying, “Today the court has asserted that nobody no matter how highly placed is higher than the law”.
He stressed, “The court has shown that everybody must conduct their affairs according to law, according to the constitution, not according to the whims and caprices of a select few.”
“The court has annulled, voided and set aside, the court has annulled and set aside the primary elections conducted indirectly by the APC on the 29th of September, 2018”.
On his part, counsel to the APC, Prince Azunda insisted that the Court lacked the jurisdiction to entertain matter.
He explained; “once a preliminary injunction relates to jurisdiction, no matter how it is presented it must be considered by the court. This is so in that the decision of the court considered without the requisite jurisdiction is a nullity”.
