Even though the 2019 general elections in Rivers State have now come and gone, the controversy surrounding the disqualification of the APC from fielding any candidates at the elections shows no sign of abating.
Shortly thereafter, the Court of Appeal upturned the decision of the High Court of Rivers State and affirmed the right of the APC to field candidates at the elections. This ruling of the Court of Appeal was later set aside by the Supreme Court which invoked its original jurisdiction under Section 22 of the Supreme Court Act. This, in effect, meant that the judgment of the Federal High Court remained valid, binding and subsisting against the APC in Rivers State.
These appeals ostensibly arose from various suits instituted by members of the heavily-factionalised Rivers State APC seeking an interpretation as to whether valid primaries held, and if so, which faction of the party is to be recognised as having the right to present candidates. However, other legal analysts have pointed out some nearly-insurmountable legal bottlenecks that may confront the Supreme Court were it to consider reversing itself on the matter of the Rivers APC primaries and eligibility.
This appears particularly important when it is considered that a decision of the Supreme Court which has the effect of nullifying the elections already conducted may be tantamount to a situation where the apex court has usurped the functions and powers of election petition tribunals.
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