By Davies Iheamnachor
PORT HARCOURT: Court of Appeal sitting in Port Harcourt, Rivers State, Wednesday, struck out motions by the two factions of the All Progressives Congress, APC, in the state.
The applications dismissed in court today were those filed by the Ojukaye Flag-Amachree’s led faction and Senator Magnus Abe’s faction of the party.
The applications struck out was a motion for joinder by Flag-Amachree which was submitted to the court earlier, but was prayed to be dismissed by Prince Onyekwere Ozunda, who represented the APC state Chairman, Flag-Amachree.
Also, the appeal panel led by Justice Caroline Jumbo-Ofor, struck out motions filed September 13 to regularise the respondent appeal of argument, motion for stay of proceedings filed on same date and further affidavit filed on October 2 based on the request of the lead counsel for the respondent (Ibrahim Umar and 22 aggrieved APC members) in the appeal, Henry Bello Esq.
The Ojukaye Flag-Amachree’s led APC had appealed the ruling of Justice Chiwendu Nwogu, which nullified the APC state congresses and the nomination of Arc. Tonye Dele Cole as the party’s governorship flag bearer in the forthcoming general elections.
Dr J. Olajoke, (SAN) who is the present recognised counsel for APC, had objected to the withdrawal of stay of proceedings dated September 13 and also opposed the motion of withdrawal of notice for enlargement of time dated and filed same date by the respondents.
Olajoke had informed the court that the withdrawal of a motion by the respondent was a trick to immediately file in a substituted motion, adding that the applications for withdrawal by the respondent constitute an abuse of judicial process and will cause further delay of the matter.
Ruling on the withdrawal of the motions, the lead panel, Justice Caroline Jumbo-Ofor overruled the objection by the applictant counsel, thereby struck out all the motions as requested by the part.
Justice Jumbo-Ofor further adjourned the matter till November 14, for adoption of addresses and directed the parties to respond to their addresses within five days from the day of the sitting.
However, the court had awarded a cost of N30, 000 against the Ojukaye while N20, 000 was awarded against the respondents in the appeal.