The All Progressives Congress (APC )who won a major battle in the Court of Appeal paving the way for the party’s registration and revalidation exercise in Rivers State,is once again received another court decision from the court of Appeal.
This time, the ruling is different as the court struck out an appeal challenging the nullification of the May 23,2015 Local Government Council elections by the Federal High Court in July 9,2015.
But to stave off misinformation on social media and raise the hope of party leaders and members, the Legal Adviser,AlGON 2015 ,who represented Degema local government council, Hon.Sogbeyi C Eli, said party members need not to worry as the appellant court only struck out the case and did not dismiss it.
According to him, the allegedly “missing Notice of Appeal “on the basis of which it struck out the case today had been found and duly filed in the court.
Eli said the appeal would be relisted in accordance with the law and procedures of the Court of Appeal.
,”I bring you good tidings on behalf of my 21 other colleagues in the matter of Hon. Augustine P. Ngo & Ors v. Peoples Democratic Party & Ors (CA/PH/338/2016), being an appeal challenging the nullification of the May 23, 2015 Local Government Council elections by the Federal High Court on July 9, 2015.
“As you may be aware, the Court of Appeal in Port Harcourt adjourned judgment on the said appeal on the 1st of February, 2021 to a date it would communicate to parties. Today happened to be that day from the Notices we received through Appellants Counsel yesterday.
“The Court of Appeal in her ruling struck out the appeal on the grounds that no Notice of Appeal was found in the records of the Court. In other words, we did not file a Notice of Appeal before the Court of Appeal in the first place. Strange, isn’t it?
“We would not bother you with the details of what we have seen on this particular judicial journey since the 20th of June, 2016 when the Court of Appeal granted us leave to appeal the judgment of the Federal High Court, Port Harcourt. From the Court of Appeal to the Supreme Court and back to Court of Appeal, our opponents have done everything to frustrate justice in this case.
“Suffice to say, however, that the facts do not support the position taken by the Court of Appeal today. We say, with utmost respect, that the Court was wrong in holding same as grounds to strike out the appeal. The goodnews is this.
“. The appeal was struck out; not dismissed.
” We have found the allegedly “missing” or “not filed” Notice of Appeal and same was duly filed at the commencement of appeal on this matter.
“The net effect of both scenarios above is that the appeal would be relisted in accordance with the law and procedures of the Court of Appeal. We therefore appeal for calm amongst our supporters and party loyalists. We encourage all of us as true Progressives united under our Leader, The Rt. Hon. Chibuike Rotimi Amaechi, to remain strong and hopeful. We have crossed similar judicial hurdles and survived several challenges in the Judiciary in the past. This too shall pass.
“On our part, we pledge to keep you posted on further developments on this appeal.
