Supreme Court upholds High Court judgement on Rivers APC

• Bars APC from general election

The Supreme Court on Friday upheld the judgement given by the Federal High Court in Port Harcourt, barring the All Progressives Congress (APC) from the general elections in Rivers State.

The Federal High court was presided over by Justice Omotosho.

On Monday, the Appeal court stayed the execution of the lower court judgement, giving hope to the APC candidates in the state.

It would be recalled that the Federal High Court in Port Harcourt, Rivers State had ordered the Independent National Electoral Commission (INEC) to expunge the names of candidates representing the All Progressives Congress (APC) in Rivers State in the February and March 2019 general elections.

The presiding judge, Justice James Omotosho, gave this order on Monday while ruling on a suit brought before the court, asking it not to recognise any candidate from the state APC.

Delivering his judgment, Omotosho made reference to an earlier ruling by the Rivers State High Court, which nullified the ward, local government and state congresses held by the state APC.

He ruled, “All nominations in the APC, from governorship, Senate, House of Representatives and others are hereby nullified and void and set aside.

“Only political parties that conducted valid primaries are eligible to produce candidates for the general elections.

“The All Progressives Congress is not entitled to nominate candidates from governorship to Senate, House of Representatives and other positions.”

He added, “The plaintiffs did not participate in valid primaries; they are not eligible to contest because they did not follow due process.”

The judge, who also ruled on whether a political party could interfere in the affairs of another political party, stated that the amended Electoral Act, in its expanded locus, had paved the way for a political party to challenge the dealings of another party.

He pointed out that this could be necessary if a political party felt there was an error in the action or actions of another party.