The Supreme Court of Nigeria on Thursday struck out the consolidated appeals of Rivers APC and Tonye Cole for missing in benefit.
Acting Chief Justice of Nigeria, Justice Tanko Mohamed in a lead judgment sustained the preliminary objection by PDP Counsel, Emmanuel Ukala (SAN).
The Acting CJN stated that: ” the Preliminary Objection is meritorious, accordingly the Appeal is incompetent and is hereby dismissed”.
Counsel to the PDP, Emmanuel Ukala ,SAN, had urged the court to strike out the appeal or dismiss it in its entirety because the reliefs sought by the APC might solely be granted on the court of appeal and never the Supreme Court.
Okala argued that the appeal by APC was filed exterior of the time offered by regulation, sustaining that the Supreme Court takes severely its guidelines on submitting of discover of appeal and non-compliance to these guidelines renders the method incompetent.
Earlier, Counsel to the APC, J.S Okutepa (SAN) urged the Supreme Court to overrule its decision on earlier judgement delivered within the consolidated appeals which held that the appeal earlier than it was a pre-election matter.
He argued that the Supreme Court might put aside its decision if it was taken opposite to constitutional provision.
Counsel to INEC, Don Umalor, stated INEC didn’t file any breif on the appeal and likes to remain impartial and non-partisan.
Ualmalor submitted that INEC leaves the matter to the decision of the court.
The Federal High court in Port Harcourt had on January 7, nullified the direct and oblique primaries performed by the 2 factions of the APC within the state.
Justice Kolawole Omotosho, who presided over the case additionally restrained the Independent National Electoral Commission (INEC) from presenting Tonye Cole and Magnus Abe as governorship candidates within the normal elections.
INEC executed that order an excluded the APC from the poll. The elections have been concluded with Rivers State Governor, Nyesom Ezenwo Wike duly re-elected.