An appeal court sitting in Port Harcourt has set aside the judgment of a Federal High Court, presided over by Justice Emmanuel Obile, which sacked all candidates of the All Progressives Congress (APC) in the 2023 elections.

The APC and its candidates had appealed the October 25th judgment of Justice Obile, which sacked candidates of the party, following a suit by George Orlu and five others over their alleged exclusion from the party’s delegate congress.

The governorship candidate of the party, Tonye Cole, National and State Assembly candidates had appealed the judgment. The three-man panel, in the judgment delivered by the lead judge, Justice Muhammed Lawal-Shaibu, said Orlu and five others did not exhaust internal party mechanisms before instituting the suit.

He held that the respondents did not participate in the APC congress, did not have any cause of action, and lacked locus standi to go to court.
He said it was inconceivable for the high court judge not to have joined some candidates of APC who were interested parties in the suit. He said nomination of delegates is purely an internal party affair, and that the court lacks jurisdiction to entertain the suit abi initio.

Shaibu, therefore, set aside the judgment against APC and awarded the sum of N500,000 each as cost against the respondents in favour of APC.

Similarly, in a 15-ground appeal instituted by senatorial, federal lawmakers and State Assembly candidates, the court held that the aggrieved defendants could not exhaust internal mechanisms as provided by the party’s constitution before going to court.

He said the trial judge acted strangely when he delivered judgment on the preliminary objection of the defense and the substantive matter, just to grant all the prayers of the plaintiff.

Shaibu said the judge was in serious error for not going into the merit of the matter, questioning how the court got reasons to deliver its judgment without properly examining the matter. He said the appeals by APC, Cole and Assembly candidates were in merit and are allowed.

Meanwhile, the Rivers APC 2023 Campaign Council has lauded the judiciary for upholding justice. Its spokesman, Sogbeye Eli, said the judgment would give Rivers people opportunity to choose among candidates at the polls and urged politicians to approach democracy with utmost responsibility.