The judgement of an Asaba High Court, which had declared the
Chief Cyril Ogodo-led executives of the All Progressives Congress (APC) as the
authentic council of the party in Delta state, has been struck out by the
Appeal Court sitting in Benin, Edo state.
Senator Ovie Omo-Agege, representing Delta Central in the
Senate and other candidates produced by the Jones Erue-led state executive
committee, now remain the authentic candidates in the 2019 election with this
latest Appeal Court judgement.
Justice Toyin Adegoke, had on March
18th, 2019, in her judgement in suit number FA/ASA/CS/76/2018, declared the
plaintiff, Cyril Ogodo, the authentic chairman of APC.
The ruling sacked Jones Erue faction that produced Senator
Ovie Omo-Agege and others as candidate.
The plaintiffs had sought 13 reliefs, among which is a
declaration that the Ogodo-led executive committee was the authentic state
executive of the APC, declaration that candidates who emerged from the
primaries conducted by the Ogodo-led executive were the authentic candidates
and the court granted all the reliefs sought by the plaintiffs.
Justice Toyin Adegoke also held that the primary election
conducted by the Jones Erue leadership was null and void. She further
invalidated the nomination of Ogboru, Senator Ovie Omo-Agege and other
candidates nominated by the Erue leadership for the 2019 elections.
Upturning the judgement of the lower court in a unanimous
judgment delivered by Justice Mohamad Shuaibu, the appeal court struck out the
case for lack of jurisdiction.
Justice Shuaibu, who anchored his judgement on
technicalities, held that the lower court has limited jurisdiction and that in
inter-party matters, the Federal High Court lacks jurisdiction to entertain and
therefore the case is struck out.
Chief Cyril Ogodo, while reacting to the judgement, vowed to
challenge the judgement at the Supreme Court.
He urged his supporters to remain calm, saying, “all hopes
are not lost, God has the final say, we shall meet at the Supreme court.”
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