The Court of Appeal sitting in Port Harcourt, Rivers State, on Monday, faulted an interim order of the Rivers State High Court against the membership revalidation exercise of the All Progressives Congress in the state.
The court also struck out appeals by the APC against the decision of the lower court on issues bordering on service.
The decisions were given by the three-man panel of the court, Justice H.S Tsammani, P. O Elechi, G. O Kolawole.
Whereas the court struck out the cases based on application process of the 1st, 2nd, 3rd, 4th and 5th appeals by the appellants for lacking in merit and an abuse of court processes, the court favoured the appellants in the 5th by voiding the interim order of the lower court.
Justice Tsammani, in the ruling on the fifth matter on suit CA/PH/44/2021, set aside the order of interim injunction against the APC, which was granted in favour of Mr. Nna Okpara-Egburuka, Gilbert Kilsi and others at the state High Court.
The appeal court faulted the extension of the order stopping the revalidation by Justice Okogbule Gbasam of the state High Court to seven days after expiration.
Justice Tsammani noted that the order, which was to last for seven days, was extended when the counsel had already put up appearance in court.
He noted that the decision of Gbasam directed that the case file be remitted back to the Chief Judge of the state and that the matter be reassigned to another judge of the court.
Tsammani also in this same matter struck out the process filed by the APC for failing to obtain leave of court before filing in the appeal processes.
He held that the appellants in the fight matter failed to seek the leave of court for going on appeal, as in the four other matters, noting that the issues of locus standi could not be granted in the appeal.