Again, a Daniel comes to judgement in a harvest of victories

The Court of Appeal, Port Harcourt Division has in a unanimous judgment delivered today, January 5, 2023, on Appeal No.: CA/PH/554/2022
(All Progressives Congress v. People’s Democratic Party & Ors) set aside the judgment of the Federal High Court, Port Harcourt Division in Suit No.: FHC/PH/CS/152/2022 on November 11, 2022 which disqualified sixteen (16) candidates for the Rivers State House of Assembly of the Appellant for the 2023 general elections.

The 1st Respondent (People’s Democratic Party) had at the trial Court sought to restrain the Independent National Electoral Commission (INEC) from recognizing the candidates nominated by the All Progressives Congress on grounds of alleged non-compliance with provisions of the Electoral Act 2022 in monitoring of the primary elections from which the said candidates emerged.

The Court of Appeal in her well considered judgment ruled that the Federal High Court lacks jurisdiction to entertain the suit and consequently declared the decision which disqualified candidates of the Appellant a nullity. In setting aside the judgment of the Federal High Court and allowing the appeal, it further held that the PDP had no locus standi to institute the action challenging the primary election of the Appellant in the first place. The appellate court struck out all the Orders made thereon for lack of jurisdiction, even though no costs were awarded against the 1st Respondent.

Similar decisions were reached by the Court of Appeal, Port Harcourt Division where appeals were resolved in favour of the All Progressives Congress in Appeals No.: CA/PH/555/2022, CA/PH/556/2022, CA/PH/557/2022, CA/PH/558/2022, CA/PH/561/2022, CA/PH/562/2022, CA/PH/563/2022, CA/PH/564/2022, CA/PH/565/2022 and CA/PH/566/2022.

The Rivers APC 2023 Campaign Council salutes the courage of the Honourable Justices of the Court of Appeal and receives these judgments as resounding victory for democracy. We thank the Justices of the Court of Appeal for rising to the call of duty to save democracy from the devices and pranks of anti-democratic forces; a dictatorship out to impose its unpopular surrogates on Rivers State.

By today’s judgments, the Court of Appeal has given Rivers people their best New Year gift for 2023. We therefore urge the Rivers electorate to reciprocate the opening up of the democratic space by the Judiciary and vote for our viable candidates on March 11 to retrieve our dear State from the predatory claws of the outgoing cantankerous, draconian and incompetent PDP regime.

Sogbeye C. Eli
Spokesman, Rivers APC 2023 Campaign Council

January 5, 2023.