More trouble for Rivers as Court Declares Igo Aguma, New Rivers State APC Chairman

…APC will Appeal Judgement –Lawyer.

By Ibrahim Bakare

A State High Court in Port Harcourt has declared the former member of House of Representative for Port Harcourt Constituency one, Igo Aguma, as Acting Chairman of the All Progressives Congress in Rivers State.

The Court also declared the Isaac Ogboegbulam led five man caretaker Committee Chairman constituted by the National Working Committee of APC as illegal.

The Court presided over by Justice George Omereji held that the caretaker was only constituted to conduct Congresses on September 2019 and did not renew their tenure-ship after September.

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 held: “It is my view that the appointment of the caretaker of the Committee without the inclusion of the national delegate and SEC is a violation of the party’s constitution. All the National Convention Delegates and State Executive Committee members should be part of the caretaker Committee.”
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.

Justice Omereji also ruled that the National Working Committee NWC of APC constituted the caretaker Committee without Liasing with the Statutory members who he said were empowered by the party constitutions as state executive committee members.

Speaking to journalists outside the court, Echezona Etiaba, SAN, welcomed the judgment which he said is true position of the law.

On his part, Emenike Ebete who is one of the counsels to APC and it’s National Chairman, Adams Oshiomole, said they will appeal the judgment of the lower court on the two matter delivered by Justice George Omereji.