Appeal Court affirms,

Court sacks APC exco in Bayelsa, nullifies ward, state congresses

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A Bayelsa State High Court sitting in Yenagoa has sacked the State Executive members of the All Progressives Congress (APC) in the state, nullifying the ward, local government and state congresses held between the 3rd and 4th of September, and 16th October, 2021.

According to Justice Timipre .J Corcordia, the State High Court on Friday upheld the eight prayers of the plaintiff over issues of exclusion, anomalies and disobedience to Court orders over the conduct of the Ward, Local Government and State congresses.

The suit, numbered YHC/107/2021, which was filed by some aggrieved members of the party in the state, Ompadec Victor, Esuenifen Obi, and Seimiegha Ebibofe Agbozu with the prayers seeking an Interim injunction stopping the conduct of the ward congress in the state.

The same claims were made in the further amendment of the originating summon with Alex Izibenikiebo Blankson as plaintiff and State Chairman of APC, Barr. Denis’s Otittio and three others as defendants

Justice I. A Uzaka, however, had granted the interim injunction but the party went ahead with the conduct of the Congress at the ward, Local Government and State lever which produced Barr. Denis’s Otiotio-led State Executives and others at the ward and local government levels.

In the case before the Court, in the affirmative, the plaintiff through their counsel, Barr. Fawei asked the Court whether having regard to the filing, service and knowledge of the defendants of the pendency of the motion on Notice for Interlocutory Injunction in suit No. YHC/107/2021.

The suit which is seeking to restrain the defendant in Bayelsa State for the purpose of electing its party leaders/officers, the defendant was duty bound to refrain from any action whatsoever pertaining to the conduct of its Congress until the hearing and determination of the said Motion on Notice by the Court.

In Answer to the questions, the Plaintiff however sought among other claims a declaration that having regard to the order of the honourable Court made on the 30th day of July 2021, in suit No: YHC/107/2021, restraining the defendants from conducting its wards, Local Government and State Congresses for the purpose of electing its party leaders in Bayelsa State, the defendants was in disobedience of the said court order when it conducted its congresses during the subsistence of the order.

They also sought a 6th order nullifying the ward, Local Government and State congresses and election held by the defendants in Bayelsa State on the 3rd and 4th of September and 16th of October, 2021 in defiance of the restraining order made by the court on the 30th day of July, 2022 and during the pendency of the Motion for Interlocutory Injunction as well as during the pendency of the Appeal No: CA/PH/246/2021.

Justice Timipre J. Corcordia of the State High Court, after hearing from the plaintiff and defendant counsels, upheld the Eight Prayers sought by the plaintiff.

Reacting to the judgement, the plaintiff’s Counsel, Barr. Fawei commended the judiciary for its ruling, saying that “it simply means that the APC in Bayelsa from the beginning had no leadership.”

READ FROM ALSO NIGERIAN TRIBUNE 

 


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