By Davies Iheamnachor
A Rivers State High Court sitting in Port Harcourt has sacked the seven-man caretaker committee of the All Progressive Congress in the state led by Chief Tony Okocha.
The committee was inaugurated by the National Working Committee of the APC, who had sacked the elected executives of the party led by Chief Emeka Beke.
The court, however, reinstated Chief Emeka Beke led executive as the authentic executive of the party in the state.
The Court presided over by Justice Sika Aprioku in a judgment in a suit filed by Sam Sam Etetegwung and Banarth Ezemoye and others, on behalf of the democratically elected executive of state and local government APC in the state.
Aprioku issued a perpetual injunction against Chief Tony Okocha led seven-man caretaker committee of the APC, restraining them from taking further steps that would distract the Beke’s led democratically elected executive till the expiration of their four years’ tenure.
The court also restrained the National leadership of the APC from further recognizing the Tony Okocha led executive and compelled them to henceforth begin to recognise Beke’s led executive as authentic executive of the party till their four years’ expiration.
He slammed the Independent National Electoral Commission, INEC, for supporting the dissolution of democratically elected executives of APC, cautioning that leadership of political parties must learn to obey their own constitution and stop acting recklessly and in impunity in managing their own party.
Aprioku held that the national Working Committee of APC failed to prove reasons for or the actions which he said was in violation to their party and Nigeria Constitution, insisting that they relied on hearsay of anti-party activities which was not demonstrated by the defendants in the suit.
The judge who dismissed preliminary objections by the defendants on the issue of justification and application for joinder by a set of individuals who had earlier sought to join in the suit further held that the national leadership APC disobey their own constitution by not giving fair hearing to elected party executive and thereby award three hundred thousand naira as cost in favour of APC led by Chief Beke.
The court held that APC cannot benefit from their illegality and that inauguration of seven Man caretaker committee of APC led by Chief Tony Okocha is null and void and of no effect, insisting that the CTC Chairman and members never existed in the eyes of the law.
The court further struck out suit by Ezekiel Ubom on be half of Ward elected executive of APC for not following appropriate procedures in filing of the processes.
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