Court Didn’t Affirm Omo-agege’s Candidacy – Delta APC Crisis
Leader of a faction of the All Progressives Congress, APC, in Delta State, Olorogun O’tega Emerhor Thursday declared that the Federal High Court in Warri did not affirm the candidature of Senator Ovie Omo-Agege in its judgment.
Emerhor made the assertion in reaction to the purported affirmation of Omo-Agege’s candidature in the general elections by the court in a judgement delivered on April 1, 2019.
A statement signed by Mr. Godspower Itietie, Media Assistant to Olorogun O’tega Emerhor, said
the judgement did not at any point give such affirmation.
He said the purported affirmation is only in the imagination of Sen. Omo-Agege, stressing that, “it is desperation taken too far in an attempt to hoodwink the general reading public into believing a fictitious affirmation”.
“Justice Emeka Nwite of the Warri FHC gave a judgment on April 2, 2019, on a suit filed by Emerhor & Niboro against APC and INEC for a declaration that they are the valid and authentic candidates of APC for the Delta Central senatorial and Ughelli North, South and Udu Federal Constituency Seat.
“The suit had been adjourned for ruling when the Asaba FHC gave its judgement and affirmed Emerhor and all Ogodo Exco candidates as the valid and authentic candidates of APC in the 2019 general elections and having secured their declaration from the Asaba FHC, Emerhor and Niboro voluntarily filed a motion of discontinuance at the Warri FHC, requesting that the suit be struck out as it serves no further legal purpose.
“The Judge in his wisdom dismissed the motion but still proceeded to strike out the suit however on the basis of inability to ensure fair hearing.
“It is in this regard that the Judge stated that the APC as a defendant has shown that the primaries that produce Omo-Agege and others were monitor by INEC and that the assertion was countermanded by Emerhor & Co, the plaintiffs.
“And that primaries that are monitored by INEC have a semblance of credibility for candidates that emerged therefrom and as such to ensure fair hearing, Senator Omo-Agege and Rev Francis Waive who emerged therefrom ought to be joined in the suit, and failure to join them, the suit is therefore struck out.
Emerhor sought for the suit to be struck out and the court indeed struck the suit out. Mission achieved.
“The Judge also made a few more statements: that he is unable to look into the issue of the authenticity of State Excos and candidates for the 2019 elections as the Asaba FHC already dealt on those issues.
“The court also dismissed the issue of Consent judgement stating that it is a different judgement entirely that cannot rob him of jurisdiction in this case. At no time did he affirm Senator Omo-Agege as authentic candidate.
“Even at that, Omo-Agege as a lawyer ought to know that when a suit is struck out, it is as if it never was filed. Any statements by the Judge are OBITER DICTUM , meaning expression of opinion not essential to the decision or accidental remarks that come to no moment.
“So from where did Omo-Agege get the acclaimed affirmation of his Candidacy? What benefits can come from a lie so barren and Unclad when the clothed truth is just ahead in the corner.
“A few days from now, by Friday March 5th, the CTC of the judgement will be out and Omo-Agege house of cards will come crashing.
“What manner of desperation will justify this height of falsehood? The affirmation is just a figment of of Omo-Agage’s imagination.
“It is an attempt to hoodwink the reading public to believe a fictitious affirmation. It is a sick lie. Indeed, it is desperation taken too far,” he said.
It would be recalled that the Federal High Court, Asaba, had in a judgment on March 18, 2019, sacked the All Progressives Congress, APC, Delta State executive led by Prophet Jones Erue. This is the faction of the APC where Sen. Ovie Omo-Agege, Chief Great Ovedje Ogboru, Dr. Emmanuel Ewetan Uduaghan and other candidates belong.