Featured, Judiciary
By Anayo Ezugwu
THE All Progressives Congress, APC, Rivers State chapter has appealed the ruling of the State High Court sitting in Port Harcourt, which declared Igo Aguma, a former member of House of Representatives, chairman of the party in the state. The party said it has approached the Court of Appeal to challenge the ruling.
In its appeal notice made available to Realnews on Tuesday, June 9, the party said it was dissatisfied with the judgment of Justice George Omereji. “Take notice that the appellants being dissatisfied with the decision/judgment on the 9th day of June, 2020, by His Lordship, Honourable Justice George O. Omereji, judge in suit No: PHC/4355/2019: Honourbale Igo Aguma vs. Mr. Isaac Abott Ogbobula, and two others do hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of this appeal seek the reliefs set out in paragraph 4 herein.
“And further take notice that the names and addresses of the persons directly affected by this Appeal are those set out in paragraph 5 of this notice of appeal.”
Justice Omereji had in his ruling on June 9, declared Aguma as the acting chairman of APC in the state. He also compelled the party to allow all members of the party loyal to Senator Magnus Abe, who purchased forms for the congresses of the party in 2018 to take part in the process.
The judge gave these rulings in two separate suits brought before him by Dele Moses and nine others and Igo Aguma, a chieftain of the party, on different matters in the crises rocking the party in the state. Aguma had sought the court to declare the Caretaker Committee brought by the National Working Committee of the party as void, and declare him to head the affairs of the state by virtue of his position as the National Delegate and Statutory member of the party.
Omereji in his judgment after the submissions of the claimant’s counsel, Echezona Etiaba, a Senior Advocate of Nigeria, declared that Aguma had the locus standi to approach the court, adding that there was the issue of injustice and violation of the civil right of the applicant.
On the issues of jurisdiction raised by the defendants, Omereji held that the court has the right to entertain the matter to see whether the rights of the claimants have been violated, adding that the defendants have not established that the claimant has no locus standi and have provided no evidence to show that he (Aguma) did not exhaust all the avenues in the party before approaching the court.
He also ruled that the suit was not an abuse of the court process, because he only requested that the APC rules should be followed, noting that the claimant being a former member of House of Representatives, meets the requirements of a statutory member.
He ruled that no section of the APC constitution prohibits the statutory members of the party not to carry out the duties of the State Executive Committee in their absence, noting that in the case such lacuna that will warrant the setting up of the Committee by the national body of the party has not arisen because there was still the State Executive Committee of the party in the state.
– Jun. 10, 2020 @ 14:09 GMT |
Tags: Rivers APC appeals court ruling that declared Aguma as acting state chairman
