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Rivers APC Crisis: Law Prof Makes Case For Abe
A university teacher Prof. Ned Nwokocha has called on the National Chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole to forward the names of candidates that emerged from the direct primary of the party held in Rivers State to the Independent National Electoral Commission (INEC).
Nwokocha, who is a Constitutional Lawyer and senior lecturer at the Rivers State University made the call during a Radio programme in Port Harcourt, the state capital, weekend.
He explained that the judgment of the Supreme Court, delivered on October 22, had laid to rest the argument that the candidates that emerged from the indirect primary were not affected by the defective ward, local government and state congresses, held on October 19, 20 and 21, respectively.
He said, “The Supreme Court judgement of Thursday, October 22, has laid to rest issues emanating from the congresses which provoked the crisis currently rocking the Rivers State chapter of the APC.
“Those who are still pursuing the matter, hoping that the apex court will change its judicial reasoning when the case finally terminates at the Supreme Court should put their house in order.
The decision of the Supreme Court was on an interlocutory application challenging the stay of execution of an interlocutory injunction granted by a Rivers State High Court.
“The truth is that the matter has gone beyond that because the matter was not in favour of those who violated the restraining order of the high court.
“But the matter has gone beyond violating the restraining order of the high court. There is a conclusive position now. What is important about the Supreme Court judgement is that it settled the question of the interlocutory application.
“And it is also a judgment that sounded a clear warning as to what the future position of the Supreme Court will be in the event that this matter eventually comes to the apex court.
“One of the justices clearly stated that the contemptnous cannot be allowed to benefit from their stupidity. If the Supreme Court tells you that, then, you must know what you are looking for to still go back to them on the same matter,” Nwokocha stated.
Prof. Nwokocha stressed that the leadership of the APC should be more bothered about the subsisting judgement of the Rivers State High Court rather than worry about the interpretation of the Supreme Court judgement on the matter.
“What the Supreme Court has done, really, is to revalidate the position of the high court. It simply affirmed the judgment of the high court on the matter. What the Supreme Court has done is to say that the judgment of the high court is sound and valid.”
Pro Nwokocha further warned the leadership of the APC thus: “The situation in Rivers State is slightly different from that of Zamfara State. Two Rivers State parallel primary were conducted by the APC in Rivers State. What The party can do is to submit the names of candidates that emerged through direct primary. But if the party does otherwise, it fall into the same situation with Zamfara State.
“On the premise of the Supreme Court judgement, the candidates that emerged through indirect primary are defective because the delegates that emerged from the congresses that elected candidates through indirect primary are unknown to the law.”
“In the eyes of the law, APC currently has no existing candidates for elective positions in 2019 because those elected through indirect primary were elected in breach and violation of the court order. “The party will be deceiving itself if it forwards the list of candidates that emerged through indirect primary and thinks it has eligible candidates for the 2019 general elections in Rivers State,” the Law professor stated.
By: Dennis Naku
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