PORT HARCOURT (SundiataPost) – The governorship candidate of the All Progressives Congress (APC) in Rivers State during the 2015 general elections, Dr. Dakuku Peterside has said Tuesday’s judgments by a Rivers State High Court were not totally unexpected.
In a chat with journalists, he stressed that the court in its wisdom in both cases granted all reliefs sought by the claimants including reliefs not sought.
Dakuku, a former member of the National Assembly, noted that the ruling was not totally “unexpected given recent happenings in Rivers State but as Democrats, we have accepted it and will explore all legal means to seek redress at upstairs.
According to him, “It is true that lately, we are facing a lot of challenges, some of which are caused by the interference of non-party members in government, who want to see the party in comatose to their advantage and against the interest of Rivers State but I am confident that as a party we shall overcome.
“I acknowledge that there is no easy path to victory and even God did not promise us an easy path but what the Almighty assured us is the ultimate victory. I urge all true members of APC under the leadership of Rt. Hon Chibuike Amaechi not to despair nor be discouraged but continue to have abiding faith in God and our democratic institutions to restore the glory of our party, which will take over the leadership of the state and restore sanity in governance.
“No amount of gang-up or manipulation of institutions by enemies of APC and Rivers State will succeed because they do not have the support of God of justice and moral force of the law behind them.
“I am confident that the Appeal Court will correct the miscarriage of justice witnessed today. Our lawyers upon instructions of leadership have already filed an appeal and motions for stay of execution immediately after the judgments were delivered.
“I wish to personally appeal to all our people to remain calm as we seek solutions within the confines of the law and through other credible political means to resolve some of our genuine challenges.”
A Rivers State High Court sitting in Port Harcourt had, on Tuesday, declared Hon. Igo Aguma, the Acting Chairman of the All Progressives Congress in the state.
The court also compelled the party to allow all members of the party loyal to Senator Magnus Abe, who purchased form for the congresses of the party in 2018 to take part in the process.
Justice George Omereji gave these rulings in two separate suits brought before him by Dele Moses and nine others and Igo Aguma, a chieftain of the party, on different matters in the crises rocking the party in the state.
Aguma had sought the court to declare the Caretaker Committee brought by the National Working Committee of the party as void, and declare him to head the affairs of the state by virtue of his position as the National Delegate and Statutory member of the party.
Omereji in his judgment after the submissions of the claimant’s counsel, Echezona Etiaba, a Senior Advocate of Nigeria, declared that Aguma had the locus standi to approach the court, adding that there was the issue of injustice and violation of the civil right of the applicant.
On issues of jurisdiction as raised by the defendants, Omereji held that the court has the right to entertain the matter to see whether the rights of the claimants have been violated, adding that defendants have not established that the claimant has no locus standi and had provided no evidence to show that he (Aguma) did not exhaust all the avenues in the party before approaching the court.
He also ruled that the suit was not an abuse of the court process, because he only requested that the APC rules should be followed, noting that the claimant being a former member of House of Representatives meets the requirements of a statutory member.
He ruled that no section of the APC constitution prohibits the statutory members of the party not to carry out the duties of the State Executive Committee in their absence, noting that in the case such lacuna that will warrant the setting up of the Committee by the national body of the party has not arisen because there was still the State Executive Committee of the party in the state.
He noted that the tenure of the caretaker committee of the party elapsed in September, noting that the continuous stay of the caretaker Committee is null and void, even he described it as fatal.
Omereji, who granted all the prayers of the claimant, Aguma, held that the decision of the court should be given immediate effect to enable the second party to rebuild itself.
On the matter brought by Dele Moses and nine others, Omereji held that only those who purchased the form to participate in the annulled Congresses of the party in the state should participate in the Congresses to be rescheduled by the party.
The judge granted all six prayers of the applicants, ruling that the court can interfere in the internal affairs of the party when the party constitution is not followed.
Omereji held that democracy would be effective in the country when the parties have internal democracy, noting that the suit by Moses and others is justiceable.
He ruled that all the candidates and those excluded in the cancelled Congresses are automatic to be allowed to participate in the process.