Supreme Court fixes date for Abe, Cole’s Rivers APC guber primary appeals

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Senator Magnus Abe and Tonye Cole

Supreme Court, Monday, adjourned till April 4, to hear all pending appeals relating to the Rivers State All Progressives Congress, APC, factional primaries.

supreme court
Magnus Abe and Tonye Cole

A 7-man panel of justices of the Supreme Court led by Justice Ibrahim Muhammad fixed the date for hearing on all the various appeals after addressing some preliminary issues on the appeals.

The appeals are: SC/ 1972019 filed by Magnus Abe and some others, with APC and the Independent National Electoral Commission (INEC) listed among the respondents; SC 295/ 20019, filed by APC, with PDP listed among respondents; SC266, filed by APC, with Magnus Abe and others as respondents and SC/267/2019 filed by Tonye Patrick Cole, with Magnus Abe and 48 others as respondents.

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The court granted the motion by the APC, represented by Jibrin Okutepa (SAN) for permission to merge the different respondents’ briefs, earlier filed by the 2nd to the 35th respondents, into a single brief.

It rejected a similar motion filed by the appellants’ lawyer, Henry Bello for leave (permission) to amend the notice of appeal on grounds that Bello failed to attach the old notice of appeal to the motion, as required.

The apex court, however, ordered appellants to file their reply to the respondents’ brief of argument within 48 hours.

The three appeals were adjourned to April 4, to allow the formal service of hearing notices and all other processes on INEC, which was not represented on Monday.

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Other members of the 7-man panel are: Justices Olukayode Ariwoola, Olabode Rhodes-Vivour, Amiru Sanusi, Paul Galinje, Amina Augie, and Uwani Musa Abba Aji.

Senator Abe in his own appeal is asking the apex court to determine the authenticity or otherwise of the direct primary conducted by the All Progressives Congress (APC) in Rivers State for the nomination of its candidates for the 2019 general election.

He also praying the apex court to make a final pronouncement on the legality of both direct and indirect primary polls conducted by the two factions of the party last year.

The motion dated March 1, was predicated on eight grounds and affidavit of urgency among which is that the matter being a pre-election suit must by law be fully determined within 60 days.

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