COURT OF APPEAL SETS ASIDE NULLIFICATION OF 2015 COUNCIL ELECTION IN RIVERS STATE
The Court of Appeal, Port Harcourt Division has set aside the July 9, 2015 judgment of the Federal High Court, Port Harcourt which nullified the Local Government Council election conducted by the Rivers State Independent Electoral Commission (RSIEC) on May 23, 2015.
Delivering judgment today Friday, February 28, 2025 on the appeal filed by the Chairmen of the 22 Local Government Councils challenging the nullification of the 2015 Council election in Appeal Number CA/PH/172/2024 (Hon. Augustine P. Ngo & 22 Ors v. People\'s Democratic Party & Ors.), the Appeal Court nullified and set aside the judgment of the Federal High Court on grounds of breach of the Appellants right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999.
The Court of Appeal upbraided the trial Court presided over Justice Lambo Akanbi for refusing to hear and determine two motions for Joinder as an interested party filed by the Appellants in Suit Number FHC/PH/CS/84/2015 (People\'s Democratic Party v. INEC & Ors) seeking to restrain the Independent National Electoral Commission from releasing the Register of Voters to the Rivers State Independent Electoral Commission for the conduct the Council election scheduled for May 23, 2015.
In the ruling, the Court of Appeal noted that the 1st Respondent (PDP) and other Respondents were duly served but did not file any Reply brief in opposition to the Appellants\' brief in the appeal.
In allowing the appeal, the Court of Appeal held that it was meritorious and noted that the case of the Appellants was a classical case of judgment delayed is judgment denied. No consequential orders were made as three elections have been conducted by RSIEC to fill the seats of the Appellants while the appeal was pending in nearly 10 years.
Ruling on the relief sought by the Appellants, the Court of Appeal held that it could not make an Order for reinstatement since the present occupants of the Councils were not a party before the Court and would amount to injustice to displace them from the Res without being heard.
No order was made as to costs.
The Court of Appeal, Port Harcourt Division has set aside the July 9, 2015 judgment of the Federal High Court, Port Harcourt which nullified the Local Government Council election conducted by the Rivers State Independent Electoral Commission (RSIEC) on May 23, 2015.
Delivering judgment today Friday, February 28, 2025 on the appeal filed by the Chairmen of the 22 Local Government Councils challenging the nullification of the 2015 Council election in Appeal Number CA/PH/172/2024 (Hon. Augustine P. Ngo & 22 Ors v. People\'s Democratic Party & Ors.), the Appeal Court nullified and set aside the judgment of the Federal High Court on grounds of breach of the Appellants right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999.
The Court of Appeal upbraided the trial Court presided over Justice Lambo Akanbi for refusing to hear and determine two motions for Joinder as an interested party filed by the Appellants in Suit Number FHC/PH/CS/84/2015 (People\'s Democratic Party v. INEC & Ors) seeking to restrain the Independent National Electoral Commission from releasing the Register of Voters to the Rivers State Independent Electoral Commission for the conduct the Council election scheduled for May 23, 2015.
In the ruling, the Court of Appeal noted that the 1st Respondent (PDP) and other Respondents were duly served but did not file any Reply brief in opposition to the Appellants\' brief in the appeal.
In allowing the appeal, the Court of Appeal held that it was meritorious and noted that the case of the Appellants was a classical case of judgment delayed is judgment denied. No consequential orders were made as three elections have been conducted by RSIEC to fill the seats of the Appellants while the appeal was pending in nearly 10 years.
Ruling on the relief sought by the Appellants, the Court of Appeal held that it could not make an Order for reinstatement since the present occupants of the Councils were not a party before the Court and would amount to injustice to displace them from the Res without being heard.
No order was made as to costs.
