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Jubilation as Appeal Court grants Rivers APC’s plea

  • published: 05 Feb 2019
  • views: 1654

There was jubilation in Rivers State, as Court of Appeal granted a stay of execution of the judgment of the Federal High Court, Port Harcourt on the fielding of candidates by the All Progressives Congress (APC). The Federal High Court had ordered the Independent National Electoral Commission (INEC) to delist candidates of the party in Rivers State from participating in the 2019 general election. Justice Omotoso, on January 7,2019, disqualified the APC from participating in the 2019 general election, following the disobedience of a state high court order stopping them from holding the ward, council and state congresses as well as the state party primary elections to nominate candidates to fly the party’s flag in the elections. The court also ordered INEC to remove the name of the party and its candidates from INEC materials concerning the polls. The party approached the Appeal Court to grant a stay of execution to INEC and others involved, pending the decision of the Appeal Court on the matter. The Appeal Court, in a judgment read by Justice Muhammed Mustapha, granted the stay of execution application and urged parties to maintain status quo pending ruling on the appeal. The court said: “We have carefully gone through the applications along with the accompanied affidavits and exhibits, as well as the counter affidavits as submitted by counsel of all sides, leading us to the conclusion that the question as to whether the act sought to be stayed has already been concluded or not is not for this court or in fact for any court to speculate on. “This is so, notwithstandi...

Jubilation as Appeal Court grants Rivers APC’s plea

  • published: 05 Feb 2019
  • views: 1654

There was jubilation in Rivers State, as Court of Appeal granted a stay of execution of the judgment of the Federal High Court, Port Harcourt on the fielding of candidates by the All Progressives Congress (APC). The Federal High Court had ordered the Independent National Electoral Commission (INEC) to delist candidates of the party in Rivers State from participating in the 2019 general election. Justice Omotoso, on January 7,2019, disqualified the APC from participating in the 2019 general election, following the disobedience of a state high court order stopping them from holding the ward, council and state congresses as well as the state party primary elections to nominate candidates to fly the party’s flag in the elections. The court also ordered INEC to remove the name of the party and its candidates from INEC materials concerning the polls. The party approached the Appeal Court to grant a stay of execution to INEC and others involved, pending the decision of the Appeal Court on the matter. The Appeal Court, in a judgment read by Justice Muhammed Mustapha, granted the stay of execution application and urged parties to maintain status quo pending ruling on the appeal. The court said: “We have carefully gone through the applications along with the accompanied affidavits and exhibits, as well as the counter affidavits as submitted by counsel of all sides, leading us to the conclusion that the question as to whether the act sought to be stayed has already been concluded or not is not for this court or in fact for any court to speculate on. “This is so, notwithstandi...



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