Eniola Olayemi
River state All Progressives Congress (APC) has written to the Independent National Electoral Commission (INEC) demanding the enlistment of its candidates for the 2019 general elections in view of the ruling of the Court of Appeal and the Supreme Court ordering the stay of execution of the judgment of the Federal High Court in Port Harcourt which disqualified the party from fielding candidates in the election.
In the letter addressed to the Chairman of the Commission and signed by its Counsel, Tuduru Ede, the party reminded the commission that its candidates’ names were removed from the list of contestants following the ruling of the federal high court, pointing out that the commission has nothing to do with the case before the Rivers High Court as it was not a party to it.
The names of the National Assembly, governorship and state house of Assembly candidates of the party were removed from the list of candidates following a judgment of the Federal High Court in Port Harcourt, but the party went on appeal and got a stay of execution order from the Court of Appeal, while the Supreme Court threw out the appeal challenging the order of the Court of Appeal
A copy of the letter obtained by The Nation in Abuja reads: “We are solicitors to the All Progressives Congress (APC) (hereinafter referred to as our client) and on her behalf make this request. Recall that All Progressives Congress (APC) duly submitted the list of its candidates for Rivers State for the 2019 general elections in line with the timetable and schedule of activities released by the commission.
“Also recall that the names and particulars of All Progressives Congress (APC) candidates were duly published by the commission as required by law.
“We are aware that pursuant to the judgment in suit no: FHC/PH/CS/149/2018 between Peoples Democratic Party (PDP). All Progressives Congress (APC) and others, the names of APC candidates for Rivers State were removed from the final list of candidates published by the commission.
“However, the APC aggrieved by the said decision of the Federal High Court on which the decision of the commission to remove the list was anchored, appealed to the Court of Appeal, Port Harcourt Division in appeal number: CA/PH/38/2019 and the Court of Appeal in a considered ruling delivered on 6 February, 2019, has stayed the execution of the said judgment of the Federal High Court.
“The Court of Appeal, Port Harcourt Division also in another appeal numbered as appeal Number: CA/PH/39/2019 further stayed the execution of the judgment of Federal High Court, Port Harcourt. Furthermore, appeal to the Supreme Court in appeal number: SC/118/2019 against the order of stay of execution granted by Court of Appeal, Port Harcourt Division has been struck out by the Supreme Court.
“We are therefore dismayed that despite the ruling of the Court of Appeal and the Supreme Court, the names of candidates of APC have not been published by the commission for the purpose of participating in 2019 general election.
“It is imperative to place on record that the judgment of the Rivers State High Court, in suit No. BHC/78/2018 which was fought to the Supreme Court in appeal No: SC/1332/2018, SC 1333/2018, SC 1334/2018 and SC 81/2018 has nothing to do with INEC as it is not party thereto. You may also wish to note that in spite of the judgment of Rivers State High Court, the commission accepted and published the names of candidates of APC in respect of Rivers State and it was the judgment of the Federal High Court, Port Harcourt that warranted the removal of the names from the final list published by the commission which judgment has now been stayed.
“In view of the foregoing, we call on the commission to without delay publish the names of candidates of APC in Rivers State for the 2019 general election as submitted by the APC. We have no doubt that the commission as a law-abiding institution will accede to this request without delay.“
