Boniface Ihiasota
The leadership crisis rocking the Delta State chapter of the All Progressive Congress (APC, may not be coming to an end anytime soon Excel magazine can report.
This report is coming on the heels of an Asaba Federal High Court ruling which upheld the Cyril Ogodo-led faction of the party as bona fide executive of the main opposition party in the state.
Ogodo had earlier made moves for the court to declare him as the winner against Prophet Jones Erue-led state executive committee.
In a suit number FA/ASA/CS/76/2018, Ogodo who is the first plaintiff had sought 13 reliefs among which include a declaration that his executive committee is the bona fide state executive of the party.
Also contained in the suit was a plea to the court to declare as null, void and of no effect any and every action purportedly taken, initiated or carried out by the fourth defendant, Jones Erue as chairman of APC (first defendant) by the second defendant (national Chairman, Adams Oshiomhole) in Delta State following his purported inauguration, swearing-in and recognition and/or appointment by the national chairman as chairman of APC in Delta State.
In a two-hour judgment delivered by the presiding judge, Justice Toyin Adegoke granted all the 13 relief sought by the plaintiffs, thus sacking the Erue-led executive of the party as well as the ward and local government executives of the party under the Erue-led state executive.
The judge held that the plaintiffs have a right to challenge the violation of Article 17 of the APC Constitution, stating that the action of the defendants was a breach of the rights of the plaintiffs.
“The plaintiffs’ claim is declarative; I am satisfied that the plaintiffs are entitled to the declarations sought,” Justice Adegoke declared.
The judge also held that the defendants blatantly went against the order of the court on 17/10/2018; stating that the parties to the suit should maintain the status quo, and should by no means present names of candidate to contest the general elections on the platform of the APC. This order was however disobeyed by the defendants.
The judge said: “This is obviously a flagrant disobedience of the order of this court. The claims of the plaintiffs succeeded. The plaintiffs are the valid executive of the party in Delta state. Anything that the defendants did or purported to have done, including the conduct of the elections is in flagrant disobedience to the order of this court, including the submission of the names of the candidates to contest the elections to the electoral body.”
The judge subsequently
declared that she could not uphold any of the writs and oppositions made by
the defence, due to the fact that there was no significant proof to serve
as a backup.
“The defendants did not produce any evidence to contradict the claims of the
plaintiffs that the congress that produced the Cyril Ogodo executive committee
actually held on the stipulated date. That the defendants did not tender
evidence to prove that it conducted the APC state congress”, she said.
Following Monday’s judgment, the re-election of Senator Ovie Omo-Agege representing Delta central, the election of a member of the House of Representatives, Mr. Francis Waiva and the election of three members of the state House of Assembly, having emerged from primaries conducted by the Erue-led state executives have been overturned.
Also affected were the nomination of Chief Great Ogboru, the governorship candidate of the party, the immediate past governor and senatorial candidate for Delta south, Dr. Emmanuel Uduaghan; Delta north senatorial candidate, Doris Uboh among others.
Reacting to the judgment, counsel to the defendants, Dr. Okubor Nwachukwu stated that the judgment will be tried at the Court of Appeal, expressing confidence that it will be set aside.
On his part, counsel to the plaintiffs, Roland Ekpe said the judgment passed did not fall short of their expectations. He said that by implication, the nomination of candidates who flew the flag of the party in the 2019 general elections is null and void due to the fact that they emerged from the primaries conducted by the Erue-led executive.
Also reacting, Cyril Ogodo stated that justice has finally be served on the contentious state executive committee of the party, hailing the judge as incorruptible, “despite all the intimidation and frivolous petitions, justice was delivered.”
Speaking in his capacity, the brother of the governorship candidate, Mr. Turner Ogboru who was also present at the court, urged Ogodo and his team not to celebrate yet, as the judgment is void ab-initio.
Mr. Ogboru expressed that the judgment cannot stand legal scrutiny at the Court of Appeal, stating that the court was erroneously nullified the primaries conducted by the National Working Committee (NWC) of the party.
“When we profile it, we will go on appeal. The beauty of our jurisprudence is that the first court has its right but you have the upper court to correct all the errors of a lower court.
“There was no dependable evidence to make the judge reach this decision. The judgment is void ab-initio, it does not even need an appeal to set it aside because this court cannot sit as Court of Appeal over another Federal High Court judgment.
“There is a Federal High Court subsisting judgment which has not be set aside, it is a consent judgment of which no appeal has be done against,” Ogboru argued.
