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Court strikes out motions of withdrawal in Rivers’ APC crisis

[FILE PHOTO] Tonye Cole

An Appeal Court in Port Harcourt has struck out motions of withdrawal by two factions of the All Progressives Congress (APC) in Rivers State.

Parties involve in the suit are the Chibuike Amaechi’s faction and another one led by Senator Magnus Abe.

The Amaechi faction, led by the Ojukaye Flag-Amachree, had filed an appeal to set aside the Justice Chiwendu Nwogu’s ruling of the state High Court.

The ruling had nullified the state congresses and the nomination of Mr. Tonye Cole as the APC governorship candidate in the upcoming general elections.

The three-man panel led by Justice Caroline Jumbo-Ofor, struck out the motion when it was mentioned in court yesterday, after Prince Onyekwere Ozunda, who represented the APC state chairman, Flag-Amachree, presented the motion for withdrawal.

The party sought to be joined in the suit and the request was granted to relieve Ojukaye from the matter.

Henry Bello, lead counsel for the respondent (Ibrahim Umar and 22 aggrieved APC members), had sought the withdrawal of his pending motions filed on September 13.

His application was to regularise the respondents’ appeal of argument, withdrawal of motion for stay of proceedings filed on same date and withdrawal of further affidavit filed on October 2, this year.

Dr. J. Olajoke (SAN), who was the recognised counsel for APC, objected to the withdrawal of stay of proceedings dated on September 13, and also opposed the motion of withdrawal of notice for enlargement of time, which was dated and filed on same date by the respondent.

Olajoke told the court that the withdrawal of a motion by the respondent was a trick to immediately file in a substitute motion.

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