WITH SUPREME COURT'S FINAL RULING ON RIVERS APC: THIS IS THE TIME TO CONSOLIDATE

The elections have come and gone in Rivers State. It was a turbulent period no doubt. It was a period when the people of Rivers State made a clear statement on the way forward. They preferred consolidation of the New Rivers Vision ahead of other alternatives placed before them.

They chose Governor Wike and the PDP ahead of other political parties. The reason for their choice is simple. Governor Wike has lived up to the expectations of Rivers people, delivering on all his pledges to the people.

All across the country, political commentators and social activists are tired of the repeated use of the institutions of state to undermine good governance in Rivers State. Every day, a faction of Rivers APC work to destroy the fabric of governance in Rivers State and make the state ungovernable.

Rivers State has continued to make determined progress because of the courage and dedication of Governor Wike. The Governor has refused to be distracted despite the myriad of attacks on the mechanics of Rivers State Government.

Through the extended internal crisis, the APC in Rivers State was excluded from the ballot for the 2019 General elections. This legal tussle was widely reported in the media.

Explaining the crux of the Rivers APC failure to Channels Television, Factional Rivers APC Leader, Senator Magnus Abe said: "I think that people have to have some basic understanding of what actually happened. As you will re-collect, the NWC of APC had asked that the state should make a determination as to the kind of primaries they would use, whether direct or indirect.

"As there was an existing court order that nullified the new state Exco for the party – so the existing Exco made a request for direct primaries to avoid the existing complications that were already evident at that time.That is the end of the road, legally nowhere else for us to go.
"It is really unfortunate, everybody in Rivers State knew that the APC crisis will only benefit Wike. Anybody who pretends that he did not know that the situation we had will benefit our opponent, is not being truthful.

"The beginning of this crisis was when members of our party bought forms from the party to participate in our congresses and a decision was taken that they are no longer members of the party, that wasn’t what the constitution of the party says".

The Independent National Electoral Commission ( INEC) excluded Rivers State APC from the ballot on the orders of the Supreme Court. This decision was accepted by the APC National Working Committee. The core decision of the Supreme Court came on February 12 , 2019. This was the same day that the APC had their Presidential Campaign Rally in Rivers State. The former APC Governorship Candidate, Mr Tonye Dele Cole was denied flag on that basis.

In explaining the judgment , Justice Olabode Vivour described the appeal by Rivers APC as being academic.

The court ruled: "This appeal is from Appeal No: CA/PH/461/2018. That appeal was filed in the Court of Appeal on 23 October 2018. By the provision of section 285 (12) of the Constitution as amended the Court of Appeal must determine it in 60 days. That is to say on or before 22 December 2018.

"The relief sought by the appellant for the appeal to be remitted to the Court of Appeal for determination can no longer be granted as the Court of Appeal no longer has jurisdiction to hear the matter and no court has jurisdiction to extend the time stipulated in section 285 (12) supra. If the court extends time that would amount to judicial legislation which would be wrong. The legislature is to make laws while the judiciary is to apply the law and in the process explain it while it is the duty of discerning minds to study what the judiciary says.

"This present appeal is academic in view of the provisions of section 285 (12) of the Constitution. Preliminary Objection sustained. Appeal struck out".

On 9 February 2019, the Supreme Court upheld upheld the order of a Federal High Court, Port Harcourt, nullifying the All Progressives Congress primaries in Rivers State. The trial court had held that the primaries were held in disobedience to a court judgement barring the party from conducting congresses pending the determination of a suit filed by 22 aggrieved members of the party. This particular judgment of the Federal High Court, Port Harcourt was premised on the Rivers State High Court judgment which has also been upheld by the Supreme Court.

According to reports, the Supreme Court invoked section 22 of its Act allowing it to take over a matter and give a final judgment to decide on the appeal.In a lead judgement delivered by Justice Sidi Barge, the Apex Court held that by virtue of section 11 Rule 5 of the Supreme Court rules, the appeal against the High Court ruling, having been withdrawn by the APC, was bound to be dismissed.

Justice Barge said since the Court of Appeal failed or evaded to make dismissal pronouncement for the said appeal, the apex court had no choice but to invoke section 22 of the Supreme Court Act to assume jurisdiction over the case and decide on it.
He said, “It is my considered opinion that this appeal must be given a decent burial. The appeal, having been withdrawn at the lower court by the respondent, is deemed distilled".

The Rivers APC numerous suits were given a decent burial long before the elections commenced. Everyone accepted this as the reality of the 2019 Election Circle. However, those who believe that through the instrumentality of " Federal Might ", they can change the dynamics of the legal system continued to fight. As such , they petitioned the Supreme Court and requested for a new panel to hear their matter.

By doing this, the Amaechi faction ensured that a pre-election matter before the Supreme Court became statute barred. A motion by the Senator Abe faction for this matter to be heard before the election was jettisoned because of the Appeal by the Amaechi faction. The Supreme Court wrote to Senator Abe and informed of their decision.

The Apex Court struck out the motion by Senator Abe seeking that the direct primary elections be recognized.