The Supreme Court has struck out the notice of amendment filed by Senator Magnus Abe on the primaries of the All Progressives Congress (APC) in Rivers State.
In a unanimous judgment read today by the Acting Chief Justice of Nigeria (CJN) Ibrahim Mohammed, the apex court dismissed the application on the ground that it lacks merit.
The Federal High court in Port Harcourt had on January 7, nullified the direct and indirect primaries conducted by the two factions of the APC in the state.
Justice Kolawole Omotosho, who presided over the case also restrained the Independent National Electoral Commission (INEC) from presenting Tonye Cole and Magnus Abe as governorship candidates in the general elections.
Following the court’s ruling, Senator Abe filed an appeal against the nullification of the party’s primaries at the Supreme Court. The CJN today however ruled that that the suit is incompetent and a gross violation of order 2 rule 8 of the supreme court rules.
It held that once a notice of appeal has been found defective, it cannot be amended.