The African Action Congress (AAC) has filed a suit at a Federal High Court seeking an order of perpetual injunction restraining the President of Court of Appeal from setting up a new panel to hear the governorship election petition in Rivers State.
Counsel to AAC, Henry Bello in the Suit marked FHC/PH/CS/203/2019 and filed in Port Harcourt, urged the court to restrain president of the Appeal Court from setting up a new panel based on the petition of the AAC governorship candidate in Rivers State, Biokpomabo Awara.
The defendants in the suit are, President of the Court of Appeal, the Rivers State Governorship Election Tribunal, Awara, Independent National Electoral Commission (INEC), Governor Nyesom Wike and the Peoples Democratic Party (PDP).
In its originating summons, the AAC is seeking a declaration that by virtue of Section 233 (1) of the 1999 Constitution (as amended) that the President of the Court of Appeal does not have powers to review judgments of the Court of Appeal.
The AAC is also seeking an order of perpetual injunction restraining the President of Court of Appeal from reviewing the judgments of the Court of Appeal by setting up a new panel for Rivers State.
AAC wants the Federal High Court to set aside any administrative directives of President of the Court of Appeal for the setting up of a new panel for the Rivers State governorship election tribunal.
The presiding judge, Justice Kolawole Omotosho, has ordered the President of the Court of Appeal, the Rivers State Governorship Election Tribunal, Awara, INEC and others not to take any steps that that would render the outcome of an originating summons before it as irrelevant.
“That all parties in the suit are hereby ordered not to take any steps that will render the suit irrelevant or overreach outcome of the originating summons and that the originating summons is hereby adjourned till September 13, 2019, for hearing.
“That if this matter is not ripe for hearing on September 13, 2019, due to failure on the part of the plaintiff, this court will not hesitate to strike out the suit as time is of the essence in post-election matters.”
The court made the ruling upon reading the nine paragraphs affidavit in support of motion ex-parte sworn to by Wisdom Thompson and after hearing counsel to the AAC, Henry Bello, among others.
Justice Omotosho further said that the pending suit would not stop the tribunal that sat on September 7, 2019, from continuing its proceedings.Source: