Why Federal High Court’s Order Can’t Stop Rivers LG Election – APC

The All Progressives Congress (APC) in Rivers State, led by Chief Emeka Beke, has informed the Independent National Electoral Commission (INEC) that a Federal High Court judgment cannot halt the scheduled local government election on October 5.

In a letter dated October 1 and addressed to INEC Chairman Prof. Mahmood Yakubu, Beke argued that the court’s ruling was based on a suit filed by Chief Tony Okocha, whom he described as an unknown member of the party.

Beke further explained that certain members of the party’s National Working Committee (NWC) had attempted to remove the legitimately elected State Executive Committee (SWC) by dissolving it and appointing Okocha as the head of a caretaker committee.

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He added: “The elected State Executive Committee approached the High Court of Rivers State. In a considered judgment, the High Court of Rivers State, presided over by Justice S. H. Aprioku, affirmed the validity and subsistence of our Executive Committee until 2025.

“The court also set aside the purported caretaker committee of Chief Tony Okocha and declared that the duly elected State Executive Committee, as led by Chief Emeka Beke, is the authentic leadership of the All Progressives Congress in Rivers State.

“We are aware that the Federal High Court, per Hon. Justice Peter Lifu, delivered a judgment in suit Number PHC/ABJ/CS/987/2024. We hereby notify you that Chief Tony Okocha, who filed that suit purportedly as ‘Chairman, Caretaker Committee’ of the All Progressives Congress, Rivers State Chapter, is an impostor and totally unknown to the Rivers Chapter of the All Progressives Congress. He is neither the Chairman nor a leader in any capacity whatsoever.

“He, Chief Tony Okocha, does not also have the authority of the leadership of the Party in Rivers State as constituted under Chief Emeka Beke, to file or maintain the said suit on its behalf.”

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The APC chieftain stated that the party was also aware that, on September 4 of this year, the Rivers State High Court, under the leadership of Justice I.P.C.

Igwe, in Suit Number PHC/2696/CS/2024, issued a judgment mandating the Rivers State Independent Electoral Commission (RSIEC) to proceed with the local government election scheduled for October 5, 2024, or any other date it chooses.

He added: “That judgment, being first in time to the latter judgment in FHC/ABJ/CS/987/2024, takes precedence. As we all know, when two equities are equal, the first in time prevails.

“May we state also that under the constitution of the All Progressives Congress, all issues relating to the participation in the local government elections are within the authority of the State Executive Committee and so it is our Executive Committee, as led by Chief Emeka Beke, that determines whether and how the Rivers State chapter of the All Progressives Congress is to participate in the forthcoming local government election in Rivers State.

“What is more, the Supreme Court of Nigeria had already ordered the Government of Rivers State to conduct local government elections in Rivers State within three months of its judgment.

“The Federal High Court cannot lawfully overrule the Supreme Court by stopping the holding of the said election. It is on the above premise we write to notify you and your commission that the Rivers State chapter of the All Progressives Congress totally supports the holding of the local government election in Rivers State on October 5, 2024.

“The party is participating in the election and has indeed submitted the names of its candidates for the various positions. We further reiterate and re-emphasise that the judgment in Suit Number PHC/ABJ/CS/987/2024 does not represent the interest of the Rivers State shapter of the All Progressives Congress and we distance ourselves from it.”

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