State High court in Port Harcourt, Rivers state capital has dismissed a suit filed by a former Senator Magnus Abe-led faction of the All Progressives Congress (APC).
The group under the auspices of Ibrahim Umar and 22 others on September 14, 2019 had approached the court for an interim order of injunction to stop the former Governor Chibuike Amaechi-led group from conducting its proposed ward, Local Government and state congresses already scheduled for September 17, 2019.
The group told the court that over 200 persons from the faction who were wrongfully excluded and denied participation from the 2018 party congresses after paying the stipulated amounts for each of the positions they intended to vie for and obtained evidence of payment from the bank, but were deliberately denied participation had not been refunded their monies, and that further Congress will not hold unless the matter is amicably resolved and the aggrieved excluded members allowed to participate in the proposed congress without further payments.
They prayed the court to make an order to stop the planned September 17, 18 and 21 exercises for which delegates from the National Secretariat of Party had already arrived the state for, until the issues raised were addressed by the national officers of APC or the court rules on the matter.
The court granted the order, and placed injunction on the proposed ward, LGA and state congresses/ election was frustrated and put off pending the determination of the suit.
Justice G. O. Ollor on Wednesday struck out the suit holding that the court lacks the power to enforce and interpret the judgment of court of coordinate jurisdiction.
Justice Ollor also vacated the interim order of injunction obtained by Ibrahim Umar and others was gotten without jurisdiction of the court and thereby set aside the order and thereafter awarded the cost of one hundred thousand naira as cost in favour of APC.
The court equally set aside the interim injunction obtained by the claimants on the 14th September 2019 which stopped the APC from conducting the congresses in Rivers State scheduled for 17th, 18th and 21st of last September.
Henry Bello who appeared for the claimants, (Ibrahim Umar and 22/others), speaking to newsmen described the judgment as beauty of justice but however said that he will appeal the judgment, unless his clients think otherwise.
J. C. Williams who represented the main APC faction said it was a landmark judgment and that it has given the APC the opportunity to go ahead in conducting its Congresses in the State.
