Tonye Cole

A faction of the ruling All Progressives Congress (APC) in Rivers State on Wednesday staged a peaceful rally to contest the result of the September 29 Indirect Primary which produced Tonye Coles as the party’s gubernatorial candidate for the 2019 general election.

Just as the Ojukaye Flag Amachree-led state executive recognized by the national leadership of the party were holding their Indirect Primary, the Senator Magnus Abe-led faction of the party had gone ahead to conduct a Direct Primaries which was not monitored by the Jafar Lawal Isa-led APC Governorship primaries committee and the Independent National Electoral Commission (INEC).

Defying the early morning rains in Port Harcourt, the Rivers State capital, the protesters, led by party chieftains including Senator Magnus Abe, Wilson Asinobi Ake, a former Senator who represented Rivers West District between 2007 and 2015 and the factional chairman of the party in the state, Prince Peter Odike called on the national leadership of the party to respect the wishes of the people.

Speaking at the rally, Ake said it would be unwise for leadership of the APC not to listen to the over 150,000 members of the party who voted during the Indirect Primary as against the paltry 900 delegates that voted and elected Cole.

Apparently referring to Rotimi Amaechi whom he said single-handedly brought Cole from nowhere to impose him on the party, Ake maintained that as a Senator, he had more influence than a Minister when key decisions need to be taken.

He called on President Muhammadu Buhari to intervene in the matter and speak out against what he described as injustice done to loyal members of the party.

“If you are a father and you keep quiet hen your children are fighting, if anything bad happens to them, they would eventaully hold you responsible,” Ake added.

On his own part, Senator Abe said maintained that he would fight to the finish towards ensuring that elections which produced him as candidate stands as it reflected the collective will and aspiration of Rivers people.

While noting that the party had a herculean task of unseating an incumbent who he said was a seasoned politician with resources at his disposal, Abe called on all his supporters and members of the APC in the state to work together towards achieving their objective.

In a related development, a High Court in Port Harcourt on Wednesday nullified the nomination of Mr. Tonye Cole as the governorship Candidate of the APC in the state on the ground that his emergence was a function of illegality and unconstitutional acts.

The Court also nullified the Rivers State APC Senatorial, House of Representatives and House of Assembly Primaries conducted on the premise of the illegal ward congresses as well as the elections of Rivers APC Ward Executives, Local Government Executives and State Executive Committee that arose from the illegal ward congresses.

In a judgment which was delivered by Justice Chiwendu Nwogu in a suit filed by Ibrahim Imah and twenty-two others against the APC, the Court declared that the ward congresses of Rivers APC were illegal because they were not conducted in line with the guidelines and Constitution of the party.

Justice Nwogu ordered that the nomination and subsequent election of candidates for the Governorship seat and all elective positions in the APC in the State was null, void and of no effect.

The judge in an elaborate judgement also gave an order restraining the National Leadership of the APC from recognizing the results of the May 12, 19, 20 and 21, 2018 congresses that produced Ojukaye.

While setting aside the ward congresses of Rivers APC on May 19, 2018, Local Government Congresses of May 19, 2018 and State Congress of the party of May 21, 2018, Justice Nwogu held that that all actions taken by the APC during the pendency of the suit have been set aside because they were illegal and unconstitutional.

Justice Nwogu maintained that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19, 2018 but were unjustly excluded by the party.

Justice Nwogu, who based his judgment on the Amaechi versus INEC Matter of 2007 noted that having studied the submissions in the matter, he was bound to make consequential orders to ensure that justice was done in the case.

He stressed that the High Court has jurisdiction to entertain the matter as an Appeal filed by the respondents at the Court of Appeal, Port Harcourt to stop proceedings on the suit was rejected by the Appellate Court on September 21, 2018.

He stated that all through the hearing, the APC filed no counter-affidavit denying the facts of the matter as presented by the applicants in the originating summons, adding that the congresses were done against the Electoral Act, Article 21 of the APC Constitution and guidelines of the party for the congresses.

Earlier before the delivery of the judgment, a counsel to the APC, Prince OSM Azunda moved a motion seeking to stop the delivery of the judgment but Justice Nwogu dismissed the application, describing it as a ploy to arrest the judgment.

Following the judgment, the APC no longer has a candidate for the governorship, Senate, House of Representatives, House of Assembly Elections in the forthcoming 2019 General Elections.

In addition, the party has no State Working Committee, Local Government Working Committees and Ward Executives.