Rivers APC celebrates Tonye Cole’s victory in court, says it is triumph of rule of law
The All Progressives Congress 2023 Campaign Council in Rivers State has celebrated the recognition of its candidates by the Federal High Court, Port Harcourt.
In a statement by its spokesman, Sogbeye Eli, the party described the court judgment as a triumph of the rule of law.
The Federal High Court, Port Harcourt Division on Wednesday, dismissed the suit of Hon. Bernard M. Mikko challenging the eligibility of APC governorship candidate, Arch. Tonye Cole, and the gubernatorial primary which held on the 26th of May 2022 in Suit number FHC/PH/CS/94/2022.
In a judgment that lasted over two hours, Justice Phoebe Ayua citing several statutory and judicial authorities held that the court lacks jurisdiction to dabble in the internal affairs of the APC in a suit questioning the conduct of the party’s governorship primary for the 2023 general elections.
“We are glad to note that the learned trial Judge in addition to holding that the Plaintiff (Bernard Mikko) failed to furnish evidence to prove exploring internal dispute resolution mechanisms of the party before instituting his suit also dismissed it as tainted with virus. The court was emphatic that Mikko having sworn to an Oath of Allegiance in his nomination forms not to challenge the decision of the party in the said primary election was wrong to have brought the action in the first place, describing the suit as incompetent and frivolous.
“The Campaign Council is particularly delighted that the court was emphatic that the suit was a waste of the precious time of the court. With this judgment, we are satisfied that the principle of party supremacy has been further reinforced.
“This is victory not only for our party and the Campaign Council. It is certainly one for democracy and the rule of law and while we commend the Judiciary for rising to the occasion in this matter, we are hopeful that all other previous decisions in contrived cases against our governorship and other candidates by external intruders would be upturned by the appellate courts,” the statement read.
