Court dismisses suit against Cole’s candidacy, Accord sues Rivers over threat to seal office

FCourt sitting in Port Harcourt has struck out a suit brought by a governorship aspirant of the All Progressives Congress ( APC) in the May 26 governorship primary, Benard Mikko, against the party’s governorship candidate, Patrick Tonye Cole, and the Independent National Electoral Commission ( INEC) for lack of jurisdiction.

Mikko had approached the court to direct INEC to disqualify Cole, claiming the primary election held on May 26, the process that brought in the governorship candidate, was marred by irregularities.

But the presiding judge, Justice Ayua Phoebe, in her judgment, said the court lacked the jurisdiction to hear the suit for the fact that the plaintiff failed to exhaust all internal mechanisms of the party before instituting the legal action, insisting that the party is supreme.

Justice Phoebe, while describing the suit as frivolous and an abuse of the court process, ruled that Mikko failed to abide by his earlier oath of allegiance sworn to APC never to institute any legal action and that he would support whoever emerged from the party and thereby struck out the suit.

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N another development, Accord in Rivers State has filed a legal action against the state government seeking an injunction restraining the government and its agents from enforcing its threat to seal off the state secretariat of the party.

Accord, in suit number marked PHC/ 3813/ 2022, has Governor of Rivers State, Attorney General, Ministry of Physical Planning and Uban Development and Commissioner of Police as defendants.

Accord, on November 28, approached the court asking it to nullify the Discontinuation Notice served on the party by the Rivers State Ministry of Physical Planning and Urban Development.

The party is also seeking a declaration that the Rivers State Ministry of Physical Planning and Urban Development lacks the power under the law to seal off the party’s state secretariat.

Other reliefs sought by Accord are a declaration that the use of the building for party office is not a violation of the Land ( Fees) Regulation 2010 and the Executive Order 22 of the Rivers State Government.

Accord prayed the court to set aside the Discontinuation Notice for being unconstitutional and unlawful. The party is asking for N10 million damages against the defendants.