An Appeal Court sitting in Port Harcourt has set aside the judgment of a Federal High Court that sacked the All Progressives Congress governorship candidate, Tonye Cole, and national, and state assembly candidates.
Recall that a court presided over by Justice Emmanuel Obile had on October 25 in Port Harcourt sacked the candidates of APC following a suit by George Orlu and five others over their claims of exclusion from the party’s delegate congresses.
The Court of Appeal gave the decisions in three separate judgments on an appeal brought by the APC, the governorship candidate of the party, Tonye Cole, and the National and State Assembly candidates, arising from the earlier judgement.
The three-man special panel of the Court of Appeal in their judgment delivered by the lead Judge, Justice Muhammed Lawal-Shaibu said George Orlu and five others did not exhaust the internal party mechanism before instituting the suit.
Lawal-Shaibu held that the respondents did not participate in the congress of the APC and so did not have any cause of action and lacked the locus standi to go to court.
The judge further said it was inconceivable for the Federal High Court Judge not to have joined some candidates of APC who are interested parties in the suit.
The panel said the nomination of delegates and political parties is purely an internal party affair, and that the court lacked jurisdiction to entertain the suit abi initio.
