Court affirms Ogodo-led Delta APC Exco, restrains Oshiomhole, INEC, others

A Delta State High Court sitting in the Kwale Judicial Division has restrained the National Chairman of the All Progressives Congress, Mr. Adams Oshiomhole, the Independent National Electoral Commission and two others from recognising or dealing with any other faction except the Chief Cyril Ogodo-led State Working Committee of the party in the state.


The state chapter of the APC has been enmeshed in internal wranglings, which resulted in factional leadership; but the immediate past National Working Committee, led by its former National Chairman, Chief John Odigie-Oyegun, had sworn in the Ogodo-led leadership as the authentic and duly elected SWC of the APC in Delta State.

The presiding judge, Justice V.I Ofesi, after hearing the application in suit No. HCK/56/2018 on Monday, ruled that Ogodo-led executive remained the duly elected leadership of the party in the state, pending the determination of the case brought before the court.

The judge, while granting the applicants’ prayers, however, restrained the defendants which include the All Progressives Congress, the National Chairman of APC, Comrade Adams Oshiomole; National Secretary, Hon. Mai Mala Buni; and the Independent National Electoral Commission from recognising any other faction in the state.

Justice Ofesi, in his ruling, granted an interim injunction restraining the party or its agents from swearing in any other Ward or Local Government Areas Executive of the APC in the state, other than the Chief Cyril Ogodo-led leadership which has been sworn in and has since assumed office before the emergence of the NWC.

A copy of the ruling made available to The PUNCH on Tuesday in Asaba has Emmanuel Kem Oki (State Welfare Secretary, APC), Mr. Amabiri Azorbo Paul (Chairman, Bomadi Local Govt. Area, APC), Chief Jiminyevwe Dicbame Ubu (Chairman, Ughelli South Local Govt. Area, APC) and Elder Lewis Odigwe (APC Chairman, Ndokwa West Local Govt. Area) as co-applicants.

Ofesi, after hearing from the counsel to the applicants, Chief F. I. Obigbor, told the defendants to show cause within seven days hence, while the Motion on Notice for interlocutory injunction should not be granted.

According to the ruling, “I have considered all the processes filed in support of this motion, especially paragraphs 5-16 of the 18 paragraphs supporting the affidavit — Exhibits A-E, including the Counsel’s written address. I am of the view that in the interest of justice, this application be granted and it is hereby granted.

“The Order of Interim Injunction is hereby granted restraining the first – third defendants whether by themselves, their agents, servants, or howsoever called from recognising and/or swearing in any other State Executive of the All Progressive Congress (APC), Delta State, apart from that chaired by Chief Cyril Abeye Ogodo and his members into office, pending the hearing and determination of the Motion on Notice for interlocutory injunction pending before this Court.

“Secondly, an order of interim injunction is made restraining the fourth (INEC) whether by itself, its agents, servants or howsoever called from recognising and/or dealing with any other State Executive of the All Progressives Congress (APC), Delta State, apart from that chaired by Chief Cyril Abeye Ogodo and his members, pending the hearing and determination of the Motion on Notice already filed in this case before this Court.”

“An order of interim injunction is hereby made restraining the defendants whether by themselves, their agents, servants or howsoever called from recognising and/or swearing in any other Ward and Local Government Areas Executives of the All Progressive Congress (APC) held on the fifth and 12th day of May 2018 under the chairmanship of Hon. Emmanuel Chinda and approved by the National Working Committee same having been sworn in and assumed duty. Defendants to show cause within seven days hence, while the Motion on Notice for interlocutory injunction should not be granted,” he further ruled.

The case was, however, adjoined to July 12th, 2018 by the presiding judge.