Rivers tribunal: Stay action on new panel, High Court orders Appeal Court president

A Federal High Court, sitting in Port Harcourt, has ordered Appeal Court president, Rivers State Governorship Election Tribunal, defeated African Action Congress (AAC) governorship candidate, Biokpomabo Awara, Independent National Electoral Commission (INEC) and others not to take any step that will render nugatory the outcome of an originating summons filed before it.
Ruling on Suit Number: FHC/PH/CS/203/2019 filed by the African Action Congress (AAC) against the Appeal Court president, Rivers State Governorship Election Tribunal, defeated AAC governorship candidate, Awara, INEC and others for the interpretation of Section 233 (1), 1999 Constitution (as amended), Justice  J. K. Omotosho. declared: “That all parties in this suit are hereby ordered not to make any act or take any step that will render this suit nugatory or overreach the outcome of the originating summons.
“That the originating summons is hereby adjourned till September 13 for hearing.
“That if this matter is not ripe for hearing on September 13 as a result of the failure on the part of the plaintiff,  this court will not hesitate to strike out this suit as time is of the essence in post-election matters.”
The court granted leave that the suit filed by the AAC be heard during the 2019 vacation period of the court.
Omotosho ordered: “That the originating summons shall be served on all parties within 24 hours from today.
“That the respondents shall respond to the originating summons within 72 hours of service of same on them.
“That the plaintiff shall reply to the response of the defendants within 24 hours of being served with the response of the defendants.
“That the Rivers State Governorship Election Tribunal that sat on September 7, is not precluded from continuing its proceedings.”
Justice Omotosho further ordered that: “The pending suit shall not stop the said Rivers State Governorship Election Tribunal that sat on September 7, from continuing its proceedings.”
The defendants in the suit include: Appeal Court president, Rivers State Governorship Election Tribunal, defeated AAC governorship candidate, Awara,  INEC, Governor Nyesom Wike and the People’s Democratic Party (PDP) .
The court made the ruling upon reading the nine paragraphs affidavit in support of motion ex-parte sworn to by Wisdom Thompson and after hearing Henry Bello, counsel to the AAC.
The AAC, in its originating summons, is seeking a declaration that by virtue of the provisions of Section 233 (1) of the 1999 Constitution (as amended), the Court of Appeal president is not conferred with the powers to review Court of Appeal judgements.
The AAC is also seeking an order of perpetual injunction restraining the President of Court of Appeal from reviewing the judgements of the Court of Appeal by setting up a new panel based on a letter by the defeated AAC governorship candidate in Rivers State, Awara.
The AAC further sought an order of the Federal High Court setting aside any administrative directive of the Court of Appeal president for the setting up of the said new panel of the Rivers State Governorship Election tribunal.