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… As INEC Excludes Names of APC Candidates
By Joel Anekwe
Again the Rivers State chapter of the All Progressives Congress (APC) has suffered another legal setback in its attempt to actualise its ambition of ousting the PDP-led state government in the coming general elections
A Court of Appeal sitting in Port Harcourt Wednesday struck out an appeal filed by the party challenging the ruling of the Justice Chiwendu Nworgu of the Rivers State High Court which annulled its wards, local governments and state congresses.
However the party in a quick reaction stated that all hope was not lost as there were several other windows opened to the party to get victory and participate in the elections.
The Court of Appeal had on the 12th of December, 2018, struck out the same appeal against the state high court decision for filing its appeal out of the stipulated time in the constitution.
However, the party on the Tuesday, 15th January, re-approached court of appeal 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, Wednesday evening, 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 stated that its hands 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.
He 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. This appeal is hereby struck out”
The APC in a statement signed by its publicity secretary, Chris Finebone explained that the party’s appeal of the federal high court judgment and its accompanying Stay of Execution application were yet to be heard.
“Today’s matter was same matter that was earlier dismissed by the appeal court on account of being time barred. Necessary rectifications were done and the appeal refilled but unfortunately struck out today’ the party stated.
“However, all other matters/appeals including the Stay of Execution of the federal high court judgment will still come up for hearing.
This is to correct the erroneous impression that all windows for APC to present candidates for the 2019 elections have been shut. Far from it! All party faithful should remain calm and prayerful as ultimate victory shall be ours by the grace of Almighty God,” Finebone said.
Meanwhile, the Independent National Electoral Commission (INEC) has reportedly excluded the names of APC candidates from the list it made available on Thursday.
In a list signed by Rose Orianran-Anthony, secretary of the commission, the names of APC candidates were excluded from the list.
Names of candidates of the All Progressives Congress (APC) contesting for seats in the National Assembly are missing from the list published by the Independent National Electoral Commission (INEC) of political parties expected to contest in the governorship election in Rivers State.
A list signed by Rose Orianran-Anthony, secretary of the commission on Thursday, did not contain the names of APC candidates.
On January 7, 2019, a Federal High Court sitting in Port Harcourt, Rivers State, nullified the primaries conducted by the two APC factions in Rivers State. The court also restrained INEC from presenting APC candidates in the 2019 elections in the state.
Resident Electoral Commissioner in the state, Obo Effanga, said the list is in line with the court judgement.
