The Supreme Court struck out the suit filed by Senator Magnus Abe on the primaries of the APC in Rivers State.
The court unanimously agreed that Abe’s appeal was filed out of time and lacked merit. Therefore, remained dismissed and struck out.
The court also noted that the suit is incompetent. They stated that it was a gross violation of order 2 rule 8 of the supreme court rules.
It held that once a notice of appeal has been found defective, it cannot be amended.
The Federal High court in Port Harcourt had already nullified the direct and indirect primaries conducted by the two factions of the APC in the state.
Justice Kolawole Omotosho, who presided over the case also restrained INEC from presenting Tonye Cole and Magnus Abe as governorship candidates in the general elections.
Justic Omtosho noted that none of the primary elections were conducted according to the law. Noting that the INEC did not do well by submitting names of candidates without consideration of previous court orders.
Following the court’s ruling, Senator Abe filed an appeal against the nullification of the party’s primaries at the Supreme Court.
