Tonye Cole |
A Federal High Court sitting in Port Harcourt, Rivers State, has
dismissed a suit filed by one of the All Progressives Congress, APC,
governorship aspirants in the state, Senator Magnus Abe, seeking to be
declared the flagbearer of the party.
The details of the court ruling was made available to DAILY POST by
the Director-General of Tonye Cole Campaign Organization, Dr. Chidi
Llyod on Thursday.
Lloyd stated that the desperate attempt by Abe to become the state Governor come 2019 had hit the rock.
According to him, “A suit dated 8th November and filed 9th November
in which a grievously desperate attempt by Senator Magnus Abe and his
co-travellers to reap from where they did not sow hit the rock as a
Federal High Court sitting in Port Harcourt turned down the originating
summons filed by them seeking the High Court to declare them rightful
candidates of the APC in Rivers State.
“They also sought an Order of the Court to compel the Independent
National Electoral Commission (INEC) to accept and publish their names
as candidates of the All Progressives Congress, APC, for Rivers State.
“When the matter was mentioned, H A. Bello Esq. appeared for the plaintiffs, while E.N. Ebete Esq. appeared for APC.
“Plaintiff’s counsel objected to the appearance of the counsel for
APC. The court overruled him. The plaintiff’s counsel took his motion ex
parte.
“E.N. Ebete in response prayed the court to advert his mind to the
fact that the ex parte application was such that cannot be taken in the
absence of the Respondents.
“The court in its ruling held that the said ex parte motion could not
be heard in the absence of the Respondents in that it sought to abridge
the time within which Respondents could respond to the originating
processes as that would breach Respondents’ right to fair hearing.
“Consequently, the court ordered that the Respondents be put on
notice. Case was adjourned to the 20th of November, 2018 for the hearing
of the motion for accelerated hearing.
“It would be recalled that somehow Rivers APC lawyers had been tipped
off of what was supposed to be a secretly filed matter expected to be
heard ex parte and Order handed down to deal a surprise sucker punch to
the APC by the renegade faction led by Sen. Magnus Abe.
“The unexpected appearance of the APC Counsel in court averted the
plot. Consequently, the desperate plans by Sen. Magnus Abe and his
cohorts now lay in ruins.
“It was planned such that INEC would have been compelled to use them
to replace authentic candidates already accepted and published for the
2019 elections.”
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