By Davies Iheamnachor & Ike Uchechukwu
PORT HARCOURT —A Federal High Court sitting in Port Harcourt, Rivers State, Thursday, sacked Mr Dumo Lulu Briggs as the governorship candidate of Accord Party in the 2019 governorship election on March 9, 2019.
The court declared that Mr Precious Baridoo, who was duly nominated during the October 4, 2018 Accord Party governorship primary is the authentic candidate of the party.
Similarly, the Court of Appeal sitting in Calabar, Cross River State, has granted a stay of execution on the order which reaffirmed candidates of the All Progressives’ Congress in Cross River State, namely Senator John Owan-Enoh, Senator Ndoma-Egba and others published by the Independent National Electoral Commission, INEC.
The Appeal Court panel headed by Justice A. M Uwade frowned at INEC misinterpretation of her earlier order of February 20, which directed that parties to maintain “Status quo ante” pending determination of the substantive case.
The appellate court unanimously agreed that the stay of execution order earlier granted subsists in the interest of justice as evident in the affidavit and counter affidavit in the subject matter of the appeal, suit CA/C/62/2019.
Senator Owan-Enoh is contesting the elections of March 9, as the governorship candidate of APC in the state while Senator Victor Ndoma-Egba, contested the elections for the Central senatorial district of Cross River State but the election was inconclusive.
In Rivers State, trial judge, Justice Emmanuel Obile declared that Mr Dumo Lulu-Briggs cannot participate in the governorship election because he was not duly nominated at the party’s primary.
Justice Obile said that Lulu Briggs did not participate in the party’s October 4, 2018 governorship primary, hence he cannot be their candidate.
The court stated that the defendants failed to challenge the affidavit of the plaintiff to controvert the facts contained therein.
Justice Obile ordered INEC, to enlist the name of Precious Baridoo as the Rivers State governorship candidate of Accord Party.
The court directed INEC to remove the name of Dumo Lulu Briggs as the Rivers State governorship candidate of Accord Party .It will be recalled Sir Precious Baridoo, who headed to court, had argued that he was duly nominated during the party’s governorship primaries on October 4, 2018 before he was illegally substituted with the name of Lulu Briggs who didn’t participate in the party’s governorship primaries.
He argued that Lulu Briggs cannot claim to be the governorship candidate of Accord Party when he was not even a member of the party.
Counsel to Precious Baridoo, Mr Wori Wori, described the judgment as victory for democracy.
He said that the rules of political engagement must be respected.
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Lawyer to Dumo Lulu Briggs said that they will challenge the judgment at the Court of Appeal.
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In Calabar, a Federal High Court judgment delivered by Justice Simon Amobeda on February 11, in the case by Etim John and two others challenging the legitimacy of the current State Executive Committee of the APC in Cross River State, led by late Sir Mathew Achigbe, who is now being represented in acting capacity by his deputy, Sir John Ochala, declared that Etim John and other members of his factional executive committee of the APC in the state be taken as the legitimate state exco of the party.
The judge also ordered that candidates from the list submitted by Etim John should be recognised by INEC.
However, the other faction of the APC, appealed, following which the stay of execution was granted, yesterday.
Reacting to the stay of execution, which was earlier granted and misinterpreted by INEC, counsel to the respondents – Etim John and others, Ayei Okpa, said “I am satisfied with the order of court because it is in the interest of justice and parties have agreed to expeditiously handle the matter and bring the substantive matter to an end.”
Also responding, counsel to APC and others, including Senator Owan-Enoh, Mr Awa Kalu, SAN, noted that “The import of the stay of execution granted and reinforced simply reverses all that INEC may have done in error or compromise of any sort.”
According to him, Senator Owan-Enoh, Senator Ndoma-Egba and other candidates of APC whose names were published by INEC as submitted to them by the National Working Committee of the APC, remains as the status quo as the court gave respondents’ counsel up to today to file their brief on the substantive case and the matter adjourned till March 4, 2019 for hearing.