Fresh Setback for Pro-Wike APC Faction as Court Upholds Nullification of Congresses

In a major judicial development that could significantly alter the political dynamics in Rivers State, the Court of Appeal in Port Harcourt has upheld the judgment of the Rivers State High Court nullifying the congresses of the All Progressives Congress (APC) that produced Chief Tony Okocha and members of his executive council in the state.

The appellate court’s decision effectively removes Chief Tony Okocha and his executive council from leadership positions and throws the party’s structure in Rivers State into uncertainty.
Okocha and members of his executive council, who are widely regarded as allies of the Minister of the Federal Capital Territory, Nyesom Wike, had approached the Court of Appeal seeking to overturn the judgment delivered by Justice Godswill Obomanu of the Rivers State High Court. On December 20, 2024, Justice Obomanu issued an ex-parte order restraining the APC from conducting its congresses in the state.
Despite the court order, the faction proceeded with ward, local government and state congresses, which eventually led to the emergence of Tony Okocha as chairman and the formation of the executive council.
Delivering judgment, Justice Elfreida Williams-Dawodu of the Court of Appeal, Port Harcourt Division, affirmed the authority of the High Court to issue the restraining order and dismissed the appeal for lacking competence. By sustaining the High Court’s decision nullifying the congresses, all actions, decisions and representations made by the Tony Okocha-led executive council on behalf of the APC from December 20, 2024, to date are rendered null and void.
The ruling also raises concerns about the status of candidates produced by the party ahead of future elections, as they could face challenges from the Independent National Electoral Commission (INEC).
Counsel to the Emeka Beke-led APC faction, Emenike Ebete, confirmed the judgment and explained that the appeal challenged the order of Justice Obomanu, which nullified the congresses conducted while the matter was before the court.
According to Ebete, the High Court had restrained the APC from conducting the congresses, but the order was ignored. Consequently, the opposing faction returned to court and sought the nullification of the congresses on grounds of disobedience to a valid court order. The High Court granted that request.
He further stated that the appeal before the Court of Appeal questioned the jurisdiction of the High Court and sought to have the entire suit struck out. Had the appeal succeeded, the order nullifying the congresses would have been set aside.
Ebete said the appellate court dismissed the appeal as incompetent, thereby leaving the High Court judgment intact.
He clarified, however, that the appeal was separate from the judgment delivered by Justice Sika Aprioku, which also removed Tony Okocha and his executive council from APC leadership positions in Rivers State.
Reacting to the ruling, the Tony Okocha-led executive council maintained that its status remains unaffected pending a full trial of the substantive matter.
In a statement issued by APC State Publicity Secretary, Chibike Ikenga, the party leadership said the Court of Appeal only determined an interlocutory appeal and subsequently returned the matter to the trial court for full hearing.
Ikenga stated that the appeal, filed by the APC, challenged the jurisdiction of the High Court and the competence of the suit before it. He insisted that there is no immediate threat to the status of the executive council pending the conclusion of the substantive case.
He added that the party’s legal team would study the full judgment and determine the next line of action, while urging party members to remain calm and avoid being influenced by what he described as misleading interpretations of the court’s decision.