The All Progressives Congress, APC, in Rivers State looks set to participate in the general elections following a Stay of Execution Order granted by the Appeal Court in Port Harcourt.
The Appeal Court led by Justice Ali Gumel granted the stay of Execution on the Judgement of Justice Kolawole Omotosho which nullified all Primaries of the APC and also restrained INEC from fielding the party’s candidates in the elections. The three man appeal panel led by Justice Ali Gumel, which had reserved ruling till, after hearing the matter last week held that it would be an act of injustice and unfair if the application was not granted.
Reading the ruling, Justice Yusuf Mustafa Yusuf said that the stay of execution must be granted based on the facts that the party seeking it was opposed to the judgment of the Federal High Court.
Atiku Mustafa said that the court has jurisdiction to hear the matter against the position of the respondent’s counsel, Henry Bello.
On the argument of Bello that the court cannot stay execution on the matter in which action had been completed, Yusuf ruled that it was not in the position to court to declare an event completed when the Independent National Electoral Commission, INEC, which is a party in the matter had not affirmed such.
The judgment also noted that INEC as a party in the matter did not file a counter affidavit on the application served it.
Mustafa said, “It will be unjust to repeal the application for stay of execution of the Federal High Court judgment of January 7, 2019,”
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