Supreme Court nullifies Rivers APC congress, reinstates injunction order against Amachree-led faction

The Supreme Court has set aside the ruling of the Court of Appeal, Port Harcourt Division, which vacated a stay order made by a Rivers High Court against the conduct of All Progressives Congress(APC) congresses in the state. By this ruling of the apex court, the May 19 to 21 congress of the All Progressives Congress (APC) in Rivers State has been nullified.

Transport Minister , Rotimi Ameachi reacts to Supreme Court's ruling

It would be recalled that following an ex-parte application by aggrieved members of the APC, led by Abdullahi Umar, a high court in the state instructed the party members to suspend plans for the conduct of its local government congress on May 12, pending the determination of the substantive application alleging the marginalisation of some of its members.


Instead of complying with the court order, the APC- faction group led by the currently recognised Chairman of the party in Rivers, Ojukaye Amachree, an ally of transport minister, Rotimi Amaechi, filed an application at an Appeal Court and proceeded to conduct its primaries on basis of the application filed.


The five member panel of the apex court, led by Justice Centus Nweze, while delivering  the judgement on interlocutory appeal on Monday, described the conduct of the congress by Amachree, as a “serious violation of court order” and berated the Court of Appeal which nullified a high court order against the controversial congress adding that the decision of the appellate court was in error.

APC Governorship aspirant in Rivers state jubilates after Supreme Court's verdict on Rivers APC congresses.

The Supreme Court Judge further said the lower court was compelled to be guided by the judgments of the apex court, adding that the panel had to follow the law before arriving on its decision.


He said, “This court is the highest and final court of decision in Nigeria. All other courts must abide by decisions from here. Failure to do this amounts to gross misconduct by judges.

“I hereby make an order setting aside the ruling of the Court of Appeal in Port Harcourt which vacated the stay order made by a State High Court in this matter,’’ he said.

The judge held that the respondent (APC) was in contempt when some of its members invaded the court and disrupted the peace of the court during proceedings.

He also ruled that, “The action and attitudes displayed by members and agents of the respondent are complete affront on the judiciary and would not be condoned,’’ he said.

“It is unfortunate and wrongful for the Court of Appeal to entertain a party in contempt of a valid court order, to the extent of granting judicial favour by way of stay of execution of an injunctive order.

“It is a serious matter for anyone to flout a court order and in the instant case, it is clear that the respondent (APC) was in grave disobedience of two lawful court orders.

“It is sacrilegious, ill-fated and a suicide mission for the Court of Appeal to have departed from various decision of the Supreme Court that any party in contempt of court ought not to be granted judicial discretion and in this matter, appeal court is bound to follow Supreme Court final decision,” the court ruled.