1. The Appeal Court judgement today is unacceptable and shall be Appealed against at the Supreme Court in its entirity in keeping with our allegiance to the rule of Law. Whereas the Court of Appeal is properly on notice to the effect that the subjects of Appeal upon which it took decisions are pending before the Supreme Court.
Please See:
1. Appeal No: SC/CV/377/2020 between Rt. Hon. Igo Aguma v. Mr. Isaac Ogbobula & 2 Ors.
2. Appeal No: SC/CV/489/2020 between Rt. Hon. Igo Aguma v. Mr. Isaac Ogbobula & 2 Ors.
2. Whereas we have always known this fact and it is undisputable that the case being a Pre-election matter has been challenged at the Supreme Court. It therefore follows being a pre election matter, the Appeal Court had no jurisdiction to hear the APC Appeal ab initio. The APC Appeal was filed in July 2020 as an afterthought by the National Caretaker Committee, after the Adams Oshiomhole-led Committee which accepted the judgement and communicated same to Rt. Hon. Igo Aguma on the 23rd of June had been dissolved in defiance to National Executive Committee NEC directive of the APC.
3. The 1999 Constitution as amended makes it clear that pre-election matters are to be filed within 14 days. The APC Appeal is clearly over a month after the judgement was given and as such the Appeal Court had no jurisdiction to hear it in the first instance. This is our case. Infact the Supreme Court has been asked in the earlier Appeal by Obogbula to determine whether this is a pre election matter. In line with judicial procedures, there is an Affidavit of Facts before the Appeal Court in respect of the Appeals pending at the Supreme Court but the Appeal Court in its wisdom chose to go ahead anyways.
4. Whereas the Appeal Court has been duly notified and knows better that it cannot seat on Appeal over the Supreme Court or its judgements, this development does not in any way come to us a surprise at all but we shall not join issues with the Court in the media because we respect and have always respected the Bench. As responsible citizens and as a Party, we shall only await and look up to the Supreme Court on these matters as properly before the Supreme Court for determination. This judgement is strange and shall be further tested at the Supreme Court because as the bonafide leadership of the APC in Rivers state, we shall not allow our Party to be denied justice because the Law is trite and in our favour.
5. May we state for the time being that Rt. Hon. Golden Ben Chioma, the Deputy State Acting/Caretaker Committee Chairman of APC Rivers state shall act as the State Acting Chairman in place of Rt. Hon. Igo Aguma pending the filing of the Appeal at the Supreme Court and it being properly entered. We shall not give saboteurs the space to destroy our Party because of the unwholesome and selfish interest of one man styled and christened the godfather of APC Rivers state.
6. We restate that we shall test all contrary judgments from the Court of Appeal at the Supreme Court knowing that the APC case being statued barred is a incontrovertibly a pre-election matter. We believe the Supreme Court will have a final say in this matter.
Signed:
Livingstone Wechie, Media Adviser to the Acting/Caretaker Committee Chairman of APC Rivers state, December 29, 2020
