The Supreme Court has struck out an appeal filed by Senator Magnus Abe against the stay of execution of the judgment of the Federal High Court, which nullified the nomination of Tonye Cole and others as the candidates of the All Progressives Congress (APC) in Rivers State in the 2019 general election
The court, on Monday, upheld the argument by lawyer to the APC, Lateef Fagbemi (SAN).
Fagbemi had argued that the records of proceedings at the lower court, filed by Senator Abe did not follow the rules of the Appeal Court to certify the said documents.
In his judgement, Justice Bode Rhodes-Vivour noted that only a few of pages of the records of appeal were signed.
He said since most of the pages were not signed, it could be interpreted that they were Senator Abe’s personal documents.
Justice Rhodes-Vivour ordered parties to the appeal back to the Court of Appeal for the determination of the substantive appeal.
Abe had appealed an interlocutory decision of the Court of Appeal, which stayed the execution of the judgment of the High Court, which nullified the primaries of the APC in Rivers State.