Come out and Vote as Court Reaffirms APC will be on the ballot

Come out and Vote as Court Reaffirms APC will be on the ballot

Being Text of Press Conference Held By Rivers APC On Thursday, 14th February, 2019 At The State Party Secretariat, Off Garrison, PH-Aba Expressway, Port Harcourt

Gentlemen of the Press,

After a meeting of the State Working Committee of our party in the State today in which we meticulously deliberated on the recent court rulings of various courts especially the decision of the Court of Appeal sitting in Port Harcourt yesterday to further re-affirm two earlier orders that stayed the execution of the judgments of the lower court, our conclusion is that the APC and it's candidates will now, most certainly, be on the ballot this Saturday. No order or judgement given since, including orders given by the Supreme Court on both jurisdiction and representation have said otherwise.

We opted not to rely on a media circus to convey our right to be included. Unlike the many news reports that were suggesting we were dead and buried, we have since seen the orders and the Supreme Court judgement on the stay of execution which proves beyond reasonable doubt that INEC has an obligation to relist APC or risk being sanctioned for excluding us and disobeying a subsisting court order.

We hail once again both decisions of the stay of execution, taken by the Court of Appeal recently and their reaffirmation of both yesterday. These decisions mean that nothing is stopping INEC from placing APC on the ballot. We welcome the moves by INEC to put us back on the ballot, as the alternative would have confirmed once and for all, the genuine fear that they are working for the PDP.

We wish to state advisedly that obedience to the rule law is the best antidote to anarchy. In the circumstances, we urge INEC to speedily implement the rule of law and return our great party to its rightful place. We are only demanding a right to compete.

I want to once again hail the decision of the Supreme court to refuse moves by Senator Magnus Abe and his lawyers to appeal the stays of execution. Nobody is in any doubt now that The Supreme court’s throwing out of the their appeal against our stays of execution, speaks volumes. 

In summary, it means that the stays still subsist. That is the clear position of the law. The stay orders, the details of the Supreme Court judgement and our formal letter to INEC are hereby attached for your perusal.We have passed the stage of worrying if we will be on the ballot. 

We must now prepare to punish those who have been trying to keep us out of the elections with our votes. With these same votes, we must give Mr. President our full support. He stood by our leader because our leader had always stood by him and if you want to keep getting what you are getting, you have to keep doing what you are doing.” Everybody must come out and vote APC to deny PDP any sight of government and help our President secure his second term in office.

Long live the APC
Long live Rivers state
Long live the Federal Republic of Nigeria

Source: Senibo Chris Finebone

APC Publicity Secretary, Rivers state.
14/02/19

It is Victory for Democracy - Pastor Tonye Cole

It is Victory for Democracy - Pastor Tonye Cole

The Cole/Giadom Campaign Organisation has described today's  order by the Court of Appeal for a stay of execution of the judgment of the Federal High Court as a victory for democracy.

According to a statement made available to journalists in Port Harcourt, Rivers State today by Ogbonna Nwuke, Spokesman Cole/Giadom Campaign Organisation said, “this is the second order of a stay of execution to be issued by the Port Harcourt Division of the Court of Appeal in favour of Pastor Tonye Cole and the APC.”

Today's matter which was heard by Judges of the Court of Appeal who began sitting on Monday after a brief adjournment was between the PDP and the APC. The previous stay granted was against the Magnus Abe faction.

Reacting to the latest decision by the Appellate Court in Port Harcourt, the Spokesman for the organisation, Chief Ogbonna Nwuke quoted the APC flag bearer, Pastor Tonye Cole as saying that although the wheels of justice grind slowly, it grants reprieve to all who come to equity with clean hands.

Pastor Cole further attributed the victory in today's matter by the APC to God and commended the justices of the Court of Appeal for being upright and erudite.

Urging Rivers people to remain calm and focused, Cole said evil could only prevail in the short run, insisting that God has put all those who have continously claimed to have connections in high places to shame.

He said that the outcome of the decisions so far issued by the court has proved that that the cases filed by the APC against the previous rulings of the lower courts were indeed competent.

Recall that the PDP had sought to stop APC from presenting any candidates.

It had similarly secured a judgment refraining the candidates of the APC from presenting or addressing themselves as candidates and barred them from campaigning.

"We are pleased that a sense of justice has prevailed in righting a clear injustice designed at depriving an electorate of the freedom to choose whoever they desire to lead them", Pastor Cole pointed out.

"The spontaneous outburst of joy that has accompanied the stays", the APC flag bearer added, "proves that ‘when the righteous are in authority, the people rejoice’

Cole Campaign Organisation Hails Judicial Decision

Cole Campaign Organisation has received with profound satisfaction the news of the landmark decision reached by the Court of Appeal presided over by his Lordship, Justice Ali Gumel, JCA.

Ogbonna Nwuke, Spokesman, Cole/Giadom Campaign Organisation in a statements today said, “The Court in its wisdom stayed the execution of the judgment of the Federal High Court which had stood between the APC and its right to participate in the forthcoming general elections in Rivers State.”

The statement reads: “Recall that Governor Nyesom Wike and the Peoples Democratic Party had dragged the Gubernatorial Candidate of the APC, Pastor Tonye Cole and other candidates of the party to the Federal High Court.

“In what was obviously an attempt to deny the Rivers people of their right to choose in an election year, the PDP and its leadership in the most bizarre manner moved to forclose the participation of the APC in the electoral process.

“We are therefore elated by the ruling of the Court of Appeal which has responsibly removed all legal incumberances that were hindering the progress of the All Progressives Congress in Rivers State

“A statement by the decision of the Court of Appeal has proved beyond reasonable doubt that justice can only be delayed, but not denied. It has similarly justified the legal axiom which says that those who come to equity must do so with clean hands.

“We wish to place on record that the Candidate of the All Progressives Congress, Pastor Tonye Cole who invested so much hope in the judiciary does not consider the pronouncement of the Court of Appeal as a victory only for the APC.

“Our position is that the landmark decision which opens the way for the APC to participate in the electoral process is an act of God, a victory both for democracy, the people and the judiciary.

“The judiciary in any democracy is the last hope of the common man.  What has happened in our case is evidence of the fact that despite the turbulence that the institution is facing at this time, ordinary Nigerians still stand a fair chance of securing justice.

We must not fail to appreciate the political sagacity of our Gubernatorial Candidate, Pastor Tonye Cole who attended court most of the time and inspired members of the party by his conduct and humility.

“In so doing, Cole has demonstrated that he is a leader who can be trusted;  a dependable leader who has the capacity to lead in times of peace and times of great adversity.

“While we urge our teeming supporters to gird their loins for the good fight that is ahead, it is our prayer that the Independent National Electoral Commission, INEC, would do the needful by reinstating the names of candidates of the APC on the list of those who have been cleared for the elections.

“Similarly, it is our considered opinion that INEC would take steps to provide a level playing field by giving the APC a fair chance to campaign, given the time lost as a result of the actions of persons who have proved to be interlopers.

“The APC in Rivers State has been a victim of a conspiracy of the worst kind. By the grace of God, the evil plans of those behind the plot has collapsed.

“It is our thinking that as an unbiased umpire, INEC would take necessary steps to bridge the gap between the APC and other parties which have been on the campaign trail.

“Finally, we wish to thank our members for their patience and commitment. They have exhibited qualities that we are proud of in spite of acts of provocation. We also want to commend the judiciary for dispensing justice without fear or favour.

“The Rivers people will never forget the courage displayed by  their Lordships led by Justice Ali Gumel, who despite pressure brought by the actions of our adversaries, have ruled dispassionately in favour of the law.”

In a related development, the Rivers State Chapter of APC said the Appeal Court sitting in Port Harcourt today granting Stay of Execution on the Judgment of Justice Kolawole Omotosho of the Federal High Court which nullified all Primaries of the All Progressives Congress (APC) has vindicated the party

According to a statement signed by APC’s Spokesman, Senibo Chris Finebone said, “the Appeal Court sitting in Port Harcourt today (Monday, 4th of February, 2019) has granted Stay of Execution on the Judgment of Justice Kolawole Omotosho of the Federal High Court which nullified all Primaries of the All Progressives Congress (APC) and also restrained the Independent National Electoral Commission (INEC) from fielding the Party’s Candidates in the forthcoming 2019 elections.”

The statement reads: “We have always said that the wheel of justice may grind slowly, sometimes annoyingly slowly, but surely justice comes ultimately. We believe that today’s judgment has vindicated APC in Rivers State.

“Now, anyone who has carefully and painstakingly followed our pending matter at the Supreme Court, especially, during the last sitting before the apex court reserved ruling, will easily and safely conclude that our victory at the Supreme Court is only a matter of time. The key issues of REPRESENTATION and JURISDICTION which Justice Chiwendu Nworgu deliberately overlooked in tailoring his judgment to fit into a predetermined purpose, and yet bandy it as a CONSENT judgment, will be completely deconstructed by the excellent legal minds on the Supreme Court bench. In this particular case, the end will justify our dogged efforts as we shall, once again, prevail by God’s grace!

“All Rivers APC faithful should remain resolute as we are set to recover all that Satan has battled so hard to take away from us.

“INEC, by today's Appeal Court ruling, should by now be reinstating our candidates' names on the ballot in line with the status quo before the pronouncement by the federal high court of Justice Omotosho.”

Reacting to today’s Appeal Court judgment granting the stay of execution and placing all APC candidates back on the ballot, the Rivers State APC Governorship Candidate Tonye Patrick Cole said, “I just want to take a minute to thank the Almighty God for his grace upon us all. I know without Him, this would be totally impossible. We were up against it. We still are but our God who has been with us throughout this journey will see us to the end.

“I want to spare a thought for the brave judges and the entire judiciary for simply standing firm on the side of justice. We have faith in you. To all our supporters and leaders in the APC, I want to say a big thank you for keeping the faith. The times have been tough - I know, but you have showed that with God, we are already winners.  

“To my Rivers people, fear not. Nothing good comes easy. This is but one giant step to the promised land.  

“We have taken immediate steps to serve INEC by tomorrow with the ruling which will see APC back on the ballot box in time for the elections.  

“Let us continue to pray. With your help, na we all go do am.”

South-South Leaders praise Arenyeka at 53

Leaders of the South-South geo-political zone on Wednesday extolled the virtues of the Deputy Chairman of the Peoples Democratic Party (PDP), Delta State chapter, Barrister Ada Val Arenyeka, commending him for playing significant roles in the development of the Niger Delta region.

“Barrister Val Arenyeka remains an outstanding leader in Nigeria” the leaders said.

In a congratulatory message to the PDP Deputy Chairman on the occasion of his 53rd birthday, the leaders described Arenyeka’s life as one of huge professional and political accomplishments.

“Barrister Val Arenyeka is an epitome of selfless service to Nigeria, particularly the Niger Delta region.”

Signed by the Chairman, South-South Political Leaders Forum, Chief John Harry, the leaders commended Arenyeka for demonstrating exemplary leadership, living above board and for serving as a source of strength and inspiration for many within and outside the South-South zone.

 They also praised the PDP chieftain for his dynamic leadership, quality of his thought and respect for different opinions.

 Specifically, the leaders commended the party chair and former Niger Delta Development Commission (NDDC) commissioner for a number of projects in the Niger Delta region particularly the ongoing Koko-Oghoye Escravos Road project, solar electricity and water projects in many communities and empowerment of women and youths.

 The leaders while wishing Arenyeka good health, long life, happiness and God’s protection thanked him for providing purposeful leadership, displaying an uncommon zeal about growing Delta State and promoting the interest of the Itsekiri Nation.

Credit: Ovie Henry

Court Deals Blow To Abe’s Bid - Grants Wike‘S Wishes

We are now emboldened - Cole

INEC maintains status quo

In another turn of events in the ongoing saga in Rivers state, the Magnus Abe faction of the APC were dealt a huge blow yesterday as the federal High Court sitting in Port Harcourt declared his suit brought before it as lacking merit. This now paves the way for the hearing of the Appeals put forward by the recognized faction of APC led by Tonye Cole who are now seeking to dismiss the earlier Justice Nwogu ruling.

The APC and their governorship candidate who applauded the decision, called on Sen. Magnus Abe and his supporters to retrace their steps and join their comrades in the fight to reclaim the state from the clutches of PDP. They did however note that not all the judgements went their way, but felt emboldened that the law and justice would be on their side. The APC Rivers state statement, issued by their Publicity Secretary reads as follows:

“We have just received excerpts of the judgments delivered by Hon. Justice Omotosho of the Federal High Court, Port Harcourt in two separate suits. One was filed by Senator Magnus Abe and 49 others seeking the court to declare them candidates of the APC in 2019 General Election in Rivers State, and another filed by the PDP seeking the court to declare that the APC has no candidates for the election. We strongly feel that the Trial Court missed the mark in some of its decisions.

IN THE CASE OF SEN. MAGNUS ABE & 48 OTHERS

1. Firstly, we totally agree with the Court that Senator Magnus Abe and the 48 other members of the Party who claimed to have emerged through an alleged direct primary election, were not and therefore could not be declared candidates of the APC in the 2019 General Election in Rivers State. This was because the National Body of the APC never authorized or conducted the alleged direct primary as required by its constitution and guidelines neither did INEC monitoring same.

 2. However, we do not agree with the Court that the Davies Ibiamu Ikanya and Peter Odike led Executive Committee of the Party in Rivers State was still subsisting. The APC has the powers to dissolve its Executive Committee and that power was exercised on 21st of May, 2018. The APC having dissolved that Exco, it ceased to exist and could not be resurrected, even if the Court finds, albeit wrongly, that there was no valid Congress to replace the dissolved Exco.

3. We know, as it is the law in Nigeria today, that APC as a Political Party has the absolute powers to schedule, reschedule or even cancel any of its congresses. The Party effectively terminated the ward, LGA and State Congresses of 5th, 12th and 19th May 2018 respectively. The APC Primary Election based on the unchallenged results and outcome of subsequent APC Congresses were lawful and valid.

 ON THE PDP VS APC CASE

1. The PDP brought a suit seeking the court to declare that the candidates of the APC were not validly nominated. The Trial Court agreed with that position and made Order in that regard. With all due respect to the Court, we totally disagree with its reasoning.

2. As the laws remain today, the issue of nomination of candidates of a Political Party remains the exclusive right and preserve of that political party, and any dispute arising thereto also remains within that political party and its aggrieved members. Under the Electoral Act 2010, a third party (PDP) can only challenge the nomination of the APC candidates as prescribed in Section 31(5) & (6), or challenge the return of APC candidates in accordance with Section 138(1) of the Electoral Act. Nothing more imaginary can fit into the contemplation of the Nigerian Electoral laws.

 3. The PDP’s case did not satisfy any of these conditions or circumstances.

 It is on this note that we strongly believe that APC will get Victory in the superior court. We have accordingly instructed our lawyers to review the case and file the appeals immediately, in order not to temper or jeopardize with the already existing legal rights of our candidates before INEC.

We therefore call on all members of the APC in Rivers State to remain calm, focussed, undaunted and go about their electioneering business with equanimity. We believe that at the end victory will be served.”

In a similar vein, the Tonye Cole Campaign Organization issued their statement saying that now that Abe was out of the picture, the higher courts can decide if Rivers voters should be denied a choice. Ogbonna Nwuke said:

We are not giving up - TCCO

“Today, Monday 7th January, 2019 the Federal High Court in Port Harcourt delivered a ruling in respect of the matter brought before it by Senator Magnus Abe and 43 others.

The Federal High Court also ruled on Monday on the matter filed by the Peoples Democratic Party, PDP which sought a declaration that the APC has no candidates.

On the matter brought before the Court by Abe and 43 others, our lawyers have briefed us that the direct and indirect primaries conducted by factions of the APC in Rivers State during the pendancy of the matter before Justice Chinwendu Nwogu have been set aside.

The Court held that until a superior court of competent jurisdiction overturns the decision of Justice Chinwendu of the Rivers State High Court, it would be deemed under the law that the APC has no candidate(s).

We are already in court challenging the judgment of Justice Chinwendu Nworgu of the Rivers State High Court.

On the matter brought by the PDP, we have learnt that the Federal Hight Court ordered INEC to remove the names of the APC candidates from anything to do with the forthcoming general elections in the State.

Our position, after consultations with our lawyers, is that we shall challenge the order in an appellate court. Although we were not favoured by the decision, our faith in the country's judicial system remains unshaken.

We believe that we have sufficient grounds on which to appeal the decisions of the Federal High Court as well as the ruling of the  Rivers State High Court.

It is clear from the ruling that Abe and his supporters have no locus. It is our hope that they would return and join us. It is by now obvious to all that the fight  is between the APC and the PDP. No use can be achieved by their continued appearance in court.

While we urge our supporters to remain calm, we wish to emphasise that we will not give up in our sincere fight to secure justice on behalf of ourselves and the good people of Rivers State who are solidly in search of a transparent and accountable system that is responsive.

Driven by our faith in God; strengthened by our believe in the sanctity of the judiciary, we believe that we are still on the right track in looking for remedies through the courts.

We are acutely aware that those who are busy placing legal hurdles on the way know that the APC in Rivers State is poised to win the 2019 elections. What our opponents are doing in partnership with some members of the political wing in the judiciary is to dampen the believe of our teeming supporters in our ability to take them to the promised land.

We assure Rivers people that we will not be deterred by the desperate efforts that are being made by our opponents to place impediments on our path. Our eyes are set on victory through the ballot box.”

Prince Tonye T.J.T Princewill, the Director of Strategic Communication on his part said that this is the time to welcome Magnus and his supporters to come now and join us. They went to this court to be declared candidate. The court declined. Unless they want to pitch tents with Wike, it’s clear the fight is between PDP and APC and APC has said, we have a candidate.

Our faith in the legal process remains unshaken. We are confident that justice will not deny Rivers state the choice between two very clear options. The appeals process is on and we feel sure that Rivers people will be given that choice. If PDP were not afraid of us, they would have been relishing the chance to defeat us on the field.

Party faithful should not be distracted and inclined to listen to microwaved legal interpretations as to how APC will have no candidates. We will. Let the lawyers do their work, politicians do their own and the voters do theirs when the time comes.

This court ruling is part of a process, not the main event. The match is not over. We have not even reached half time.

Tonye Cole’s next stop is the last 5 wards in Gokhana from where he will move on to the largest LGA in Africa - Khana. Once he finishes the Rivers South East Senatorial district, he will wrap up his tour of the state with the final LGA by LGA tour of the Rivers East Zone. Tonye is not deterred and above his confidence in the judiciary, his legal team and his party is his total confidence in the God he serves.”

Meanwhile INEC spokesperson has just confirmed that Tonye Cole remains; “two judgements from two courts of equal jurisdiction means we’ll accept only that which emanates from an appellate court.”