The Supreme Court on Monday in Abuja struck out an appeal filed by Senator Magnus Abe, challenging the primary election conducted by the All Progressives Congress in Rivers State.
Abe had prayed the court to make a pronouncement on the direct and indirect primary elections conducted by the APC for the nomination of its candidates for the 2019 general elections.
The apex court however struck out the appeal on the grounds that the notice of appeal filed by the Senator was defective and not in compliance with the order of the court.
The acting Chief Justice, Ibrahim Muhammad held that the notice of appeal offended section 285 of the 1999 constitution.
Muhammad said amendment cannot be done to the notice of appeal in view of the fact that the 14 days required by the law to file the appeal had expired.
Thelagostimes recalls that on January 7, the Federal High court in Port Harcourt had nullified the direct and indirect primaries conducted by the two factions of the APC in the state.
Justice Kolawole Omotosho, who presided over the case also restrained the Independent National Electoral Commission (INEC) from presenting Tonye Cole and Magnus Abe as governorship candidates in the general elections.
He said none of the primaries were conducted according to the law, noting that the INEC did not do well by submitting names of candidates without consideration of previous court orders.
Following the court’s ruling, Senator Abe filed an appeal against the nullification of the party’s primaries at the Supreme Court.