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| Supreme Court of Nigeria |
The Supreme Court on Tuesday finally struck out all pending appeals challenging the judgement of the Port Harcourt Division of the Federal High Court which barred the All Progressives Congress from fielding candidates in the forthcoming general elections.
In all, four appeals were unanimously struck out by a five-man bench of the apex court led by Justice Olabode Rhodes-Vivour on Tuesday.
While two of the appeals were filed by the APC, the other two were by the chairman of the faction of the party loyal to the Minister of Transport, Rotimi Amaechi, in the state, Mr Ojkaye Flag-Amachree.
The Justice Rhodes-Vivour-led panel had on Tuesday first struck out the appeal marked SC. 1333/2018 filed by the APC to challenge the Court of Appeal’s judgement that affirmed the verdict of the Federal High Court in Port Harcourt.
Justice Amir Sanusi, who read the lead judgement of the five-man bench, had said the reasons for the decision would be given at a later date to be communicated to the parties to appeal.
But during the hearing of the three appeals marked SC. 1332/2018; SC. 1334/2018 and SC. 81/2019, which were earlier consolidated into one on Tuesday, the panel members indicated that the appeal marked SC. 1333/2018 was struck out because it was filed outside the time stipulated in the provisions of the 4th Alteration of the Constitution.
Delivering the lead judgement on the three consolidated appeals, Justice Fatima Augie, held that the main appeal was “filed outside the 14 days required.”
On those who filed the consolidated appeals, Justice Augie said, “They were not parties to the suit at the trial court and were not parties to the appeal at the Court of Appeal. Their appeals have no leg to stand on because the main appeal, SC. 1333/2018, was struck out this morning (Tuesday).
“The preliminary objection is sustained and the appeals, SC. 1332/2018; SC. 1334/2018 and SC.81/2019, are hereby struck out.”
The five-man bench had earlier heard the consolidated appeals after entertaining arguments on the notice of preliminary objection filed against the three consolidated appeals by a group of 22 members of the party loyal to Senator Magnus Abe in the state.
The 22 party members, led by Ibrahim Umah, had through their objection, argued that the appeals being pre-election cases should be struck out.
They anchored their objection on the claim that the appeals were not filed or determined within the period an appeal in respect of a pre-election case should be filed as provided in Section 285(9) and (12) of the 4th Alteration to the Nigerian Constitution.
But the Chairman of the faction of the party loyal to the Minister of Transport, Rotimi Amaechi, in the state, Ojkaye Flag-Amachree, as well as the aspirants in the faction led by the preferred governorship candidate of the faction, Tonye Cole Cole, in their separate appeals, argued that the appeals were not pre-election and as such were not caught by the 4th Alteration of the Constitution.
They said the nature of a case could only be determined by the nature of the claims by the plaintiff at the trial court and not the judgement of the Court of Appeal or the trial court.
In all, four appeals were unanimously struck out by a five-man bench of the apex court led by Justice Olabode Rhodes-Vivour on Tuesday.
While two of the appeals were filed by the APC, the other two were by the chairman of the faction of the party loyal to the Minister of Transport, Rotimi Amaechi, in the state, Mr Ojkaye Flag-Amachree.
The Justice Rhodes-Vivour-led panel had on Tuesday first struck out the appeal marked SC. 1333/2018 filed by the APC to challenge the Court of Appeal’s judgement that affirmed the verdict of the Federal High Court in Port Harcourt.
Justice Amir Sanusi, who read the lead judgement of the five-man bench, had said the reasons for the decision would be given at a later date to be communicated to the parties to appeal.
But during the hearing of the three appeals marked SC. 1332/2018; SC. 1334/2018 and SC. 81/2019, which were earlier consolidated into one on Tuesday, the panel members indicated that the appeal marked SC. 1333/2018 was struck out because it was filed outside the time stipulated in the provisions of the 4th Alteration of the Constitution.
Delivering the lead judgement on the three consolidated appeals, Justice Fatima Augie, held that the main appeal was “filed outside the 14 days required.”
On those who filed the consolidated appeals, Justice Augie said, “They were not parties to the suit at the trial court and were not parties to the appeal at the Court of Appeal. Their appeals have no leg to stand on because the main appeal, SC. 1333/2018, was struck out this morning (Tuesday).
“The preliminary objection is sustained and the appeals, SC. 1332/2018; SC. 1334/2018 and SC.81/2019, are hereby struck out.”
The five-man bench had earlier heard the consolidated appeals after entertaining arguments on the notice of preliminary objection filed against the three consolidated appeals by a group of 22 members of the party loyal to Senator Magnus Abe in the state.
The 22 party members, led by Ibrahim Umah, had through their objection, argued that the appeals being pre-election cases should be struck out.
They anchored their objection on the claim that the appeals were not filed or determined within the period an appeal in respect of a pre-election case should be filed as provided in Section 285(9) and (12) of the 4th Alteration to the Nigerian Constitution.
But the Chairman of the faction of the party loyal to the Minister of Transport, Rotimi Amaechi, in the state, Ojkaye Flag-Amachree, as well as the aspirants in the faction led by the preferred governorship candidate of the faction, Tonye Cole Cole, in their separate appeals, argued that the appeals were not pre-election and as such were not caught by the 4th Alteration of the Constitution.
They said the nature of a case could only be determined by the nature of the claims by the plaintiff at the trial court and not the judgement of the Court of Appeal or the trial court.
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