NIGERIA. The Court of Appeal sitting in Port Harcourt, Rivers State for the second time dismissed an appeal instituted by the All Progressives Congress, APC, challenging the ruling of the Justice Chiwendu Nworgu of the Rivers State High Court, which nullified the party’s Wards, Local Governments, and State Congresses.
Delivering the judgment on behalf of the panel, on Wednesday, Justice C.N. Uwa stated that the matter, which the lower court handled was a pre-election issue and ought to have been appealed and disposed off within 60 days after the judgment of the lower court.
Justice C.N Uwa stated that the panel’s hands are tied to go into the substantive case, stressing that a preliminary objection which bothers on the status of the case had earlier been taken by the same court.
Uwa held that, where an action was status-bound, it means the court has no right to hear it, adding that the issue of filing out of time was a preliminary objection which is in itself a case.
She held that the court would remain consistent in its rulings because the same court had earlier struck out the appeal on the issues of time of filing.
“This is a pre-election matter. It has earlier been held by this same court in an appeal of the substantive matter. This court cannot seat against itself 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”, Justice Uwa stated.
more details soon …..