The Court of Appeal sitting in Port Harcourt, Rivers State, yesterday, struck out an appeal by the All Progressives Congress, APC, challenging the ruling of the Justice Chiwendu Nworgu of the Rivers State High Court, which annulled its wards, local governments and state congresses, Vanguard has reported.
The Court of Appeal had on December 12, 2018, struck out the same appeal for being filed out of time. However, the party on January 15, re-approached Court of Appeal challenging its earlier ruling, stressing that the lower court does not have the jurisdiction to hear the matter on the first instance.
But, the visiting Appeal Court panel constituted to handle the matter, struck it out, stressing that it was a pre-election matter.
Delivering the judgment on behalf of the panel, about 7p.m., yesterday, Justice C.N. Uwa noted that the matter which the lower court handled was a pre-election and ought to have been appealed and disposed off within 60 days after the judgment of the lower court.
Justice Uwa held “This is a pre-election matter. It had earlier been held by this same court in an appeal of the substantive matter. This court cannot seat on the same matter.
“The appeal is fundamentally defective. The court cannot go into the matter, as doing so will amount to an effort in futility.
“It is unnecessary to continue on an appeal no matter the merit, which this court has held as status bound. It would be an effort in futility to continue. This appeal is hereby struck out.”
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