LAGOS MARCH 19TH (URHOBOTODAY)-Senator representing Delta Central District, Senator Ovie Omo-Agege has reacted to Monday Federal High Court, judgment which upheld the full template of the Chief Cyril Ogodo faction’s candidates of Delta State All ProgressiveParty (APC).
Federal High Court sitting at Asaba, Delta State, presided over by Justice Toyin Adegoke, on Monday sacked the Prophet Jones Erue-led executive of the party. The court also declared as void the participation of Great Ogboru as the governorship candidate of the party for the 2019 election as well as the candidacy of Senator Ovie Omo-Agege, Emmanuel Uduaghan and others presented by the faction and upheld by APC’s national headquarters.
Reacting to the judgment in a press statement signed Godwin Anaughe, Senior Special Adviser Communications & Strategy to Senator Ovie Omo-Agege made available to Urhobotoday.com, Omo-Agege argued that the judgment by Justice Toyin Adegoke of the Federal High Court sitting in Asaba may give some joy to the plaintiffs and their supporters, but it is of no moment and does not and cannot alter the status quo.
“Senator Ovie Omo-Agege remains the Senator-Elect and Rev Francis Ejiroghene Waive remains the Member-Elect of the Federal House of Representatives. The candidacies of Chief Great Ogboru and other candidates of the All Progressives Congress (APC) remains valid,” the statement insisted.
The statement argued that the electoral college that elected Chief Great Ogboru, Senator Omo-Agege, Rev. Waive and others as APC candidates in the just concluded 2019 general elections came into being by virtue of a consent judgment that has not been set aside, stressing that it is still a valid subsisting judgment until it is set aside by a court of competent jurisdiction, therefore, their election into their respective positions remains valid.
“Second, there is no consequential order made by Justice Toyin Adegoke for the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return duly issued to Senator Omo-Agege and Rev. Waive and to be re-issued to those who are now parading themselves as the valid candidates for the just concluded 2019 general elections, neither was there any order made against the persons of Distinguished Senator Omo-Agege and Rev. Francis Waive, as they were not parties to the suit and as such are not bound by the said judgement.
“Third, the Court in today’s judgement in its wisdom held that the consent judgement is not binding on Cyril Ogodo and co. because they were not parties to that suit, it becomes trite that today’s judgement also cannot bind on Senator Omo-Agege and Rev. Waive because they were also not joined as parties to this present suit. Further to this, the Court therefore cannot make any declaratory orders against them. See OKONTA VS PHILIPS (2010) 18 NWLR ( Pt 1225) 320 SC.
“Fourth, the National Working Committee ( NWC) of APC, under the directive of the National Executive Committee ( NEC) of the party is the only organ that is saddled with the responsibility of organizing party primaries for the purpose of nominating & sponsoring candidates for elections and not one Me for Progress, an individual, as Justice Toyin Adegoke wrongly held in her judgement.
“Finally, it is imperative to state emphatically that the consent judgement of the Federal High Court sitting in Abuja that gives validity to the Jones Ode Erue led Exco is a final judgement of Court like any other judgement, and it is valid and subsisting until it is appealed against and set aside by a court of competent jurisdiction.
“The Asaba Federal High Court lacks the jurisdiction to sit as an Appellant Court over a consent judgement delivered by a court of coordinate jurisdiction.
“Consequently Prophet Jones Ode Erue & his Exco remains the valid and authentic Executives of Delta State APC.
“The judgment delivered today by Justice Toyin Adegoke of the Federal High Court 1, Asaba is therefore of no consequence,” the statement read.