News
LG Polls: ‘Why Appeal Court Struck Out APC’s Suit’

The outgoing President of Nigeria Society of Engineers (NSE), Mr Isaac Olorunfemi (right), decorating the new President, Mr Otis Anyaeji, during his Investiture as the 30th President of the society in Abuja, recently.
The Court of Appeal sitting in Port Harcourt, Rivers State on Monday gave reasons why it struck out the appeal brought before it by the 22 All Progressives Congress local government council chairmen in the state challenging the nullification of their election by the Federal High Court presided over by retired Justice Lambo Akambi in July 2015.
The lead judges of the three-man panel of judges of the Appeal Court in Port Harcourt, Justice Teresa Orji Abosua said the court struck out the matter based on what she described as administrative error in assignment of wrong case number in filing of the appellants’ suit”.
According to her, the court consequently ordered the sacked 22 APC local government council chairmen to file a fresh appeal to regularize the process of their appeal.
The court took the decision following the observation made by the state Attorney- General and Commissioner for Justice, Mr Emma Aguma (SAN) who represented the defendants in the matter.
He drew the attention of the judges to the Appeal Court number wrongly inserted in the motion of notice paper of the appellants which according to him was a subject matter scheduled for hearing for the day.
The Senior Advocate of Nigeria said my Lords, there was no need for the motion before us, since the motion was seeking for the leave of the court to grant them court of Appeal number for the case, and here my Lords, They have gotten the number.
The state Attorney-General and Commissioner for Justice prayed the court to strike out the matter, and direct the applicants to withdraw the motion even as he sought for the court to award N50,000 cost against the 22 applicants for obtaining the Appeal Court number through a mischievous way.
However, in his submission, counsel for the 22 APC chairmen, who are the applicants in the matter, E.A Yohelp (Esq) did not oppose the views of the state Attorney-General and Commissioner for Justice on the withdrawal of the motion but objected to the award of N50,000 cost against the applicants as canvassed by the learned Senior Advocate.
The applicants’ counsel hinged his arguments on the fact that the error noticed by the court was not the making of his clients, but rather an administrative one.
Satisfied by the submissions from both counsels, Justice Abosua struck out the matter but however refused to award any cost to the applicants as canvassed by the state Attorney-General.
It would be recalled that the 22 APC council chairmen in the state went to the Appeal Court to challenge the nullification of their May 23, 2015 election by the Rtd Justice Lambo Akambi’s judgement delivered on July 9, 2015.
Speaking to journalists shortly after the ruling, Counsel to 22 APC Local Government Chairmen, E.A Yohelp said he withdraw the motion after he noticed the administrative error by the court register, adding that the import of the ruling was that it would give the applicants the opportunity to put their house in order and bring back a fresh appeal before the court.
Also speaking, the state Attorney General and Commissioner for Justice, Hon Chinwe Aguma (SAN), opined that the learned justices of the Appeal Court were right in their decision to strike out the suit, adding that the ruling was in conformity with the ruling of Rtd Justice Lambo Akambi and the Industrial Court in Bayelsa State.
According to the learned Senior Advocate, with the development now, this suggests that there was no appeal against the dissolution of the LGA before the appellant court by the applicants, until they do so, if they have the will to do so.
Addressing newsmen after the judgment, Rivers State Attorney General, Emmanuel Aguma, SAN, described the Appeal Court judgement as a confirmation of the judgment of the Federal High Court which declared council polls illegal.
The Appeal Court declared that the suit filed by the former council chairmen lacked competence and was therefore dismissed.
It will be recalled that former Rivers State Governor, Rotimi Amaechi had circumvented the law by illegally conducting local government council elections less than one week before the handing over on May 29, 2015.
PDP had filed a suit against the conduct of the council polls at the Federal High Court in Port Harcourt. Despite a court injunction stopping Amaechi, he went ahead to conduct the illegal election.
News
Group Doles out N13m To Market Women In Isiama
News
Fubara’s Return Excites NCSU … As Hope Rises For Civil Servants
News
NDDC Organizes ADR Capacity Building for Staff
-
Maritime2 days ago
Minister Tasks Academy On Thorough-Bred Professionals
-
Maritime2 days ago
Customs Cautions On Delayed Clearance, Says Consignees May Lose Cargo
-
Maritime2 days ago
NCS Sensitises Stakeholders On Automated Overtime Cargo Clearance System
-
Maritime2 days ago
Lagos Ready For International Boat Race–LASWA
-
Maritime2 days ago
Shoprite Nigeria Gets New Funding to Boost Growth, Retail Turnaround
-
Politics2 days ago
I Would Have Gotten Third Term If I Wanted – Obasanjo
-
Sports2 days ago
Bournemouth, Newcastle Share Points
-
Sports2 days ago
Iwobi Stars As Fulham Overcome Brentford