On May 11, 2018, the High Court of Rivers State, consequent on the Application of some aggrieved APC members, ordered APC not to hold any congress in Rivers State until the main application was determined. The said APC congress was sheduled for the next day, May, 12. However, APC applied to the Court of Appeal to vacate the order of the High Court and on May 19, 20 and 21, APC went ahead with ward, LGA and State congresses which produced Ojukaye Flag Amachree as State Chairman. The Court of Appeal gave its Ruling on June 21, 2018 and granted stay of order of the High Court restraining APC from holding congress.
Dissatisfied with the Court of Appeal decision, the aggrieved APC members appelled to the Supreme Court. It should be noted that before the Court of Appeal decision, APC was already in disobedience of the High Court Order by holding congress. The Suprene court wondered how the Court of Appeal could grant (retrospectively) stay of Order which APC already disobeyed. For as the Supreme Court held, a party should not be allowed to benefit from his disobedience.
According to Supreme Court Justice Nweze, “It is unfortunate and wrongful for the Court of Appeal to have entertained a party in contempt of a valid court order to the extent of granting judicial favour by way of staying of execution of an injunctive order when the party at the centre of the dispute was in gross contempt of court.
“It is a serious matter for anyone to flout a court order and in the instant case, it is clear that the respondent (APC) was in grave disobedience to a lawful court orders”. The court held, adding also that, it is ill-fated for the court of Appeal to have departed from various decisions of the Supreme Court that any party in contempt of court ought not to be granted judicial discretion. Consequently, the Supreme Court set aside the decision of the Court of Appeal.
EFFECT OF DECISION
The Supreme Court haven held that the Order stopping Rivers APC from holding congress was lawful, valid and subsisting (at least up to the dates the said congresses were held), it means that the entire congresses which produced Ojukaye Flag-Anachree's led Rivers State APC executive is a nullity and void totally. It follows naturally that primary elections conducted by the said void Rivers APC executive are void. It follows further that Rivers APC has no condidates for the 2019 elections.
▪Alfred Paul
