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  • BREAKING: APC National Working Committee adopts Omo-Agege for Deputy Senate President

    The National Working Committee (NWC) of All Progressives Congress has adopted formally adopts Senator Ovie Omo-Agege for the positions of Deputy Senate President and Hon. Muhammed Idris Wase as Deputy Speaker.

    This resolve was reached after emergency meetings which held on Saturday the 8th and Sunday the 9th of June 2019.

    According to a statement by Mallam Lanre Issa-Onilu, the party’s national publicity secretary, the committee arrived at their decision after wide consultations with President Muhammadu Buhari and party stakeholders, including APC governors.

    Recall that the party had earlier announced the duo of Senator Ahmed Lawan and Hon. Femi Gbajabiamila as the partys candidates for the positions of Senate President and Speaker of House Representatives respectively.

    Mr Issa-Onilu’s communique further stated that all elected APC members of the Senate and House of Representatives are hereby directed to fully mobilise as a united force behind the party’s choice.

    It also stated that members who have earlier signified interests in these positions are urged to support the party’s decisions as loyal and committed members of APC by working with other members to ensure the emergence of the adopted candidates.

  • Delta APC crisis: Supreme Court to determine Omo-Agege/Emerhor’s fate

    Delta APC crisis: Supreme Court to determine Omo-Agege/Emerhor’s fate

    …As Ogodo Faction appeals Appeal Court Ruling

    The lingering legal tussle over the leadership of the All Progressives Congress (APC) in Delta State has moved to the Supreme Court as the Chief Cyril Ogodo led leadership of the party has asked the apex court to set aside the judgment of the Court of Appeal which had sacked it and reinstated Jones Erue leadership as the Executive Committee of the party in the State.

    Specifically the Court of Appeal had in a judgment delivered by Justice Jimi Olukayode Bada, Chidi Nwaoma Uwa and Muhammed L.Shuaibu on May 19th set aside the Judgment of the Federal High Court Asaba Division which had upheld the Ogodo led Executive Committee as the authentic leadership of the party in Delta State.

    It would be recalled that the Federal High Court, Asaba Division, had on March 18thsacked the Jones Erue-led executive of the party in Delta State. The court had also voided the participation of Senator Ovie Omo Agege and Chief Great Ogboru as the All Progressive Congress (APC) candidates in the 2019 elections in Delta.

    The court’s decision followed the case filed by the Cyril Ogodo-led faction of the party, urging the court to recognize it as the authentic APC executive in Delta State. The Ogodo-led faction had also urged the court to sack the Erue-led executive which produced Mr Omo Agege and Mr Ogboru as the party’s candidates.

    The court in it judgement similarly upheld the full template of the Ogodo faction’s candidates, including Dr. Pat Utomi, O’tega Emerhor and Ima Niboro as the party’s authentic candidates in the just concluded elections.

    The Ogodo faction fielded Mr Emerhor for the Delta Central Senatorial District election and Mr Niboro for the Ughelli North/South/Udu Federal Constituency seat in the House of Representatives.

    However not satisfied the Erue led faction of the party and the Indepedent National Electoral Commission (INEC) had gone to the Court of Appeal to challenge the decision of the lower court and the Court of Appeal in a unanimous decision allowed the appeal and restored the Erue led leadership on the grounds that the matter was filed out of time and therefore statute barred.

    In the unanimous judgment delivered on March 17th and read by Justice Chidi Nwaoma Uwa the court held that the lower court lacked jurisdiction to entertain the suit as it bordered on an intra-party matter.

    The court stated that the failure of the respondents to file their suit within 14 days of the issue complained of (pre-election) extinguished their rights.

    But in a swift reaction, the Ogodo led State Executive Committee of the party through their Counsel O.J Oghenejakpor in an appeal at the Supreme Court asked the apex court to set aside the judgment of the Appellate Court on the grounds that the Justices of the Court of Appeal erred in law when they held that the appellants have abandoned their preliminary objection and thereby refused to entertain the preliminary objection properly raised before them and ended up striking same out without considering it.

    The appellants also contended that the Justices of the Court of Appeal misdirected themselves in law in their consideration of the cause of action of the appellants when they held in pages 17-18 of the judgment in part thus”it is clear that the crux of the suit at the lower court is the status of the Executive of 4th respondent (APC) at the State,Later cal Government and Wards levels in Delta State.

    “The positions sought to be declared as authentic, legal and valid are various levels of political party (4th respondent and 1st defendant at the trial) officials in Delta State. It is not a suit in respect of the selection or nomination of a candidate of a political party for election who were to be sponsored by the 4th respondent. It is a case purely concerning members of the State Executives of the 4th respondent in Delta State”.

    The appellants further averted that their claim as disclosed from the record of appeal was a complaint against the breach of the APC Constitution, APC guidelines for the conduct of primaries, Electoral Act 2010(as amended) and the Constitution of the Federal Republic of Nigeria 1999 by the respondents which has vested them with a cause of action.

    The appellants further contended that the lower court by limiting its consideration to reliefs 1-6 of the statement of claim amounted to a denial of fair hearing.

    They stated that the lower court took a one sided view of the case and ignored to positively look at the case of the appellants and the findings of the Federal High Court made in respect of the issues placed before the trial court.

    The appellants maintained that the Court of Appeal erred in law when they entertained the appeal of the 1st respondent and allowed even when the 1st respondent failed to lead any evidence at the trail court in support of The averments contained in its statement of defence.

    They asked the apex court to allow the appeal in its entirety, an order setting aside the judgment of the Court of Appeal including the order as to costs and and order affirming the judgment of the Trail Court.

  • Finally, Omo-Agege speaks on impact of plethora of Delta APC court cases on his election

    Finally, Omo-Agege speaks on impact of plethora of Delta APC court cases on his election

    The All Progressives Congress member representing Delta Central Senatorial District, Ovie Omo-Agege, has finally laid to rest the report that a Federal High Court in Asaba nullified his emergence as the party’s candidate for the National Assembly elections.

    The senator told TheNewsGuru in an interview session that the court lacks the power to nullify his candidature because he was not a party to most of the plethora of lawsuits cited by the media on the APC crisis in Delta.

    His words, “Well, people need to understand that truly there are barrage of court cases, but in all of these cases (and I think there are about 17 or thereabout), I and my major opponent, Otega Emerhor are not a party to any of them except one. And what that implies is that in all of these cases where Otega and l are not parties, we are not bound by whatever decision taken in those cases. Not only are we not bound, he cannot as a non party seek to enforce the provisions of that judgement and neither can they be enforced against me since I’m not a party.

    “The only case that Otega Emerhor himself is a party, where my name was brought in came through the Warri Federal High Court, seeking a declaration as the plaintiff that he is the one who won the primary for the Delta Central senatorial election in 2019. That is the only case where Otega himself is a party and I’m made a party myself. Of course we went in there, we joined issues, we filed and adopted our brief and the court adjourned for judgement. Five days before the court was to deliver it’s judgement, Otega Emerhor (knowing full well that he was going to lose) tried to arrest the judgement by filing a notice of discontinuance but we say no. The laws are very clear, the moment issues are joined you can no longer seek to discontinue on your own volition. You require our consent and we are not giving that consent. Both section 293 and 285 of the constitution are very clear as to when a judgement in both electoral and non-electoral matters must be delivered. We stood against the arrest and sought to have the court deliver it’s judgement. And when if finally did, the court ruled that as regards the primaries for Delta Central senatorial district held on October 3rd 2018, the only primary that was conducted by the National Working Committee, the only committee recognized by law (both the constitution and electoral act) to conduct primaries, that the only primary they conducted which was supervised and monitored by INEC in accordance with section 85 of the electoral act produced a winner and that winner is not Otega Emerhor but Sen. Ovie Omo-Agege.

    “So between Otega and I, our issues are settled. That is the only litigation that has himself and I dealing with who the authentic winner of the Delta Central senatorial APC primary winner is. Every other court case that has gone or is ongoing has nothing to do with me and him. The case at the Federal High Court of Asaba whose judgement most media houses misconstrued was instituted by the factional chairman of the APC in the state, Cyril Ogodo and a few of his factional ward/local government chairmen. They sued the authentic chairman of the party in the state, Prophet Jones Erue, the national chairman of the party; they sued the APC as a party and also sued INEC. Those are the defendants. I am not there. There is nobody who contested for elections in Delta State that was joined in that case including Otega Emerhor. So when the court eventually made the decision, we told the court that we are not a party in the case before it and that the judgement cannot be binding on us. You can’t shave my hair in my absence. You must make me a party to the case to have its judgement binding on me. Let me also state that because I needed to protect the excos of the party, I went to the Court of Appeal seeking leave (permission) to be joined with the case and the Court of Appeal rejected saying I should have been joined from the Federal High Court where the case originated. That was the only issue that went before the Appeal Court. But the media went awash saying the Court of Appeal upheld the nullification of my election; an issue that was never before the court in the first place.

    “Anyway, that has become academic because after that the Federal High Court in Warri now delivered its judgement in a matter that pitted me directly with Otega Emerhor where the issue between him and I as to who won the primary was settled. Having explained this, I can tell you that as far as the litigation is concerned we are on a very strong footing and we hope that at some point there could be a way to reconcile everybody.”

  • DSP hopeful, Omo-Agege says 9th Senate will benefit Nigerians more

    One of the candidates vying for the office of the Deputy Senate president, Sen. Ovie Omo-Agege, has said that the 9th assembly will benefit Nigerians more than the 8th Senate.

    Omo-Agege who is representing Delta Central Senatorial District, made the disclosure while speaking with TheNewsGuru.

    He said unlike the 8th Senate that was predominated by excessive politics; the 9th assembly will focus more on executing policies for the benefit of the electorates.

    His words: “For sure, they can expect people who are responsible people, who are coming in here to do the work they were sent to do, people who will at all times take into account their interest.

    We are all Senators, we represent different constituencies and before we came in here, we consulted every nook and cranny of our constituents and we knew what they want. So, the people who are here right now, having learnt from the mistakes of those who served here in the 8th Senate, will avoid being like them. Those coming here right now are people who are responsible, who know what transpired in the 8th Senate.

    The politicking in the 8th assembly was just too much, but the people who are coming here right now, having learnt from the mistakes of the past, are going to be determined to make sure that the APC government succeed and the only way it can succeed is when we provide the enabling environment for those programmes and projects that will come from the executive.

    Reacting on what he will do differently if elected the deputy Senate President of the 9thh Assembly, Omo-Agege said he will ensure a senate where everyone is treated with decorum, respect and as co-equals.

    “I will go in there to ensure we have a free Senate. I want a Senate where we can work in harmony with the executive because that is the only way our people will benefit. I want a Senate where every Senator will have a say. I want a Senate where if Mr President decides to bring in a nominee, let’s say a ministerial nominee for instance, that person is duly cleared without rancor.”

  • No court affirmed Omo-Agege as APC candidate for Delta central – Emerhor

    No court affirmed Omo-Agege as APC candidate for Delta central – Emerhor

    Olorogun O’tega Emerhor has disproved the report that the Federal Court in Warri upheld Sen Ovie Omo-Agege and Francis Waive as the duly nominated candidates for the Delta Central and Ughelli North/South/ Udu Federal Constituency in the last elections.

    Emerhor who made the statement through his media aide, Aghogho Orotomah, said he was shocked by the widely circulated false report on Omo-Agege’s affirmation as APC candidate for Delta central’

    The statement reads:

    THE FEDERAL HIGH COURT IN WARRI DID NOT AFFIRM OMO AGEGE AS APC CANDIDATE FOR DELTA CENTRAL SENATORIAL DISTRICT.

    We have received with shock and dismay, the widely circulated false report that the Federal High Court, sitting in Warri, yesterday upheld Sen Ovie Omo-Agege and Francis Waive as the duly nominated candidates for the Delta Central and Ughelli North/South/ Udu Federal Constituency in the last elections.

    There’s nothing further from the truth. We are shocked because NAN, to which the story is credited, simply adopted wholesale the false press statements of Omo-Agege and Waive’s legal counsel, and largely ignored that of Emerhor’s counsel.

    These are the facts of the matter.

    IN VIEW OF THE EARLIER DECISION OF THE FEDERAL HIGH COURT, FHC, ASABA , OLOROGUN OTEGA EMERHOR’S COUNSEL FILED A MOTION TO DISCONTINUE THE WARRI SUIT AND STRIKE SAME OUT.

    THE JUDGE, JUSTICE EMEKA NWITE J., HOWEVER PROCEEDED WITH HIS JUDGMENT .

    HE AFFIRMED THAT THE ASABA JUDGMENT HAS TAKEN CARE OF THE NOMINATION ISSUE AND WOULD NOT GO INTO IT, AND HE DID NOT.

    THE JUDGE ONLY NOTED THAT SINCE OMO-AGEGE WAS NOT JOINED AS A PARTY,HE WOULD NOT DECIDE THE CASE IN HIS ABSENCE.

    HE THEREFORE STRUCK OUT THE SUIT.

    THE REAL PURPORT OF THE DECISION IS THAT THE JUDGMENT OF THE FHC ASABA STANDS.

    We are naturally taken aback by the report credited to NAN. How can a case struck out, not dismissed, for lack of jurisdiction be said to uphold Omo-Agege’s false claim to the Delta Central Senate seat?

    Does the reporter realise that any remarks in court that are not enrolled as consequential orders are obiter dicta, mere expression of opinion not essential to the decision and therefore of no moment?

    We hold NAN in towering esteem and are convinced that the reporter’s tales by moonlight are entirely of his own creation and have nothing to do with the agency and its other hard working employees.

    We herewith attach our statement circulated to him and which he willfully ignored.

    Aghogho Orotomah
    Special Assistant, Media,
    To Olorogun O’tega Emerhor.

  • Court reaffirms Sen. Omo-Agege’s candidacy for APC

    Court reaffirms Sen. Omo-Agege’s candidacy for APC

    The Federal High Court sitting in Warri has upheld the candidacy of Sen. Ovie Omo-Agege and other All Progressives Congress (APC) candidates that emerged through the primaries supervised by INEC in Delta.

    The presiding judge, Justice Emeka Ewite, in his judgement delivered on Tuesday, struck out the suit filed by the applicant, Mr O’tega Emerhor challenging the validity of the primary that brought Omo-Agege.

    Ewite struck out the suit on the ground of incompetence and lacking in merit.

    He noted that Omo-Agege and Rev. Francis Waive, the winner of the Ughelli/ Udu Federal Constituency were necessary parties that ought to have been joined in the suit.

    The judge further observed that Emerhor failed to deny the counter-affidavit filed by the Independent National Electoral Commission, that it did not monitor the primary for which he purportedly emerged.

    “Failure to deny the counter-affidavit is an admission which required no further proof that INEC only monitored the primaries in which Sen. Omo-Agege emerged.

    “INEC is to supervise or monitor primary elections and not to conduct,” he said.

    Addressing newsmen shortly after the judgement, counsel to the APC, Mr Lucky Ajokperiniovo described the court verdict as a `landmark’ for the party and all the candidates that emerged legitimately through the primaries.

    “It is a landmark judgment; the court has again reaffirmed the position of the Supreme Court to say that persons who are not joined as parties to a suit are not bind by the judgement given by that court.

    “The court struck out the suit filed by Emerhor for incompetence and lack of merit.

    “The court said Omo-Agege’s primary elections remain the valid and legitimate primary election conducted by the National Working Committee (NWC) of the APC.

    “The consent judgement is a judgement of court that is valid and binding on all persons until it is set aside.

    “This judgement has given the party huge relief in determining who the senatorial candidate in the 2019 general election in Delta Central,” he said.

    Also, counsel representing INEC, Mr Robert Emukpoeruo said that the national electoral umpire was neutral and impartial.

    “It is the statutory duty of INEC to monitor primary elections and report those who won and their scores.

    “The report by INEC shows that Omo-Agege won the primaries conducted by the NWC,” he said.

    Counsel to Emerhor, Mr G. C Igbokwe in his remark said, “We are happy with the judgment.

    Omo-Agege, who is the incumbent senator representing the Delta Central at the upper legislative chamber, was re-elected in the recent National Assembly elections.

  • Delta Central Senatorial Seat: INEC will soon withdraw your Certificate of Return, Emerhor tells Omo-Agege

    Delta Central Senatorial Seat: INEC will soon withdraw your Certificate of Return, Emerhor tells Omo-Agege

    Olorogun O’tega Emerhor has affirmed that Senator Ovie Omo-Agege is in self denial and that the Certificate of Return erroneously issued to him by INEC will soon be retrieved and re-issued to him.

    In a press release by his aide on media and social communications, Mr Aghogho Orotomah, Emerhor stressed as follows :

    The federal high court Asaba made a specific order, order no 4 in the court enrolled orders nullifying the full plate of NASS, Governorship and House of Assembly candidates list of Delta APC submitted to INEC through the Prophet Jones Erue Exco which contained the following names as APC SENATORIAL candidates to wit:
    Dr Emmanuel Uduaghan- Delta South
    Senator Ovie Omo-Agege – Delta Central and Hon Doris Uboh- Delta North.

    Then order 5 went on to identify exhibit S and T as containing the list of the valid and authentic APC NASS, Governorship, and House of Assembly candidates for the 2019 general elections. The SENATORIAL candidates contained in the court certified exhibits are as follows:
    Chief Micheal Johnny- Delta South
    Olorogun O’tega Emerhor–Delta Central and Chief Mrs Marian Ali- Delta NORTH.

    These enrolled orders have been served by the court bailiff on INEC and INEC has begun the process of obedience to the order by REFUSING to give out the Certificate of Return to three affected candidates of the Prophet Jones Erue annulled list in Asaba on Wednesday March 27th 2019.

    It is therefore obvious that the Certificate of Return already issued to Senator Ovie Omo-Agege is in error and it is only a matter of time for it to be withdrawn by INEC and together with those INEC already withheld, re-issue same to Olorogun O’tega Emerhor and others.

    Senator Omo-Agege has to be in self denial to continue to grand stand that the Asaba FHC judgement does not affect his Candidacy. He did the right thing by attempting to seek leave of court to appeal the judgment as an impacted person but unfortunately the court of appeal Benin shut the door on him for sleeping on his right for the last six months and awarded cost against him. Olorogun O’tega Emerhor the valid candidate and Senator-elect for Delta Central awaits calmly his Certificate of Return from INEC, the statement, concluded.

  • Delta Central Senatorial Seat: Omo-Agege clarifies issues surrounding A’Court judgement

    Delta Central Senatorial Seat: Omo-Agege clarifies issues surrounding A’Court judgement

    Sen. Ovie Omo-Agege (Delta Central-APC) has restated that his reelection victory in the Feb. 23 National Assembly poll remained valid and legitimate.

    Omo-Agege, who represents Delta Central Senatorial District, said this on Monday in a statement signed and released on his behalf by Nath Dotie.

    Recall the Court of Appeal sitting in Benin, had on March 29, upheld the earlier judgment delivered by the Asaba Federal High Court which nullified the Jones Erue-led APC state executive committee.

    However, the senator who is contending for the post of the Deputy Senate President in the incoming Ninth Assembly insisted that not being a party in the Asaba matter, the Asaba judgment has no legal effect on him.

    Read full statement below:

    NOT A PARTY IN THE DELTA APC LEADERSHIP LEGAL TUSSLE, SENATOR OVIE OMO-AGEGE DID NOT LOSE ANY “APPEAL”.

    1.0. On March 18, 2019, Hon. Justice Toyin ADEGOKE of the Federal High Court, Asaba gave a judgment in Suit No: FHC/ASB/CS/76/2018 which supposedly recognised Chief Cyril Ogodo and persons under him as executives of the All Progressives Congress (APC) in Delta State, instead of the present executives of the party led by Prophet Jones Ode Erue – executives duly recognised by the National Working Committee (NWC) of the APC. This judgment is in violent conflict with the valid, unchallenged and subsisting June 18, 2018 judgment of Hon. Justice Chikere of the Federal High, Abuja in Suit No. FHC/ABJ /CS/509/18 which validated, recognised and gave legal life to the Prophet Jones-led executives of the party – a judgment that the plaintiffs in the Asaba court have failed to set aside/appeal against.

    2.0. Although the narrow issue before the Asaba Court is the leadership question of the APC in Delta State and given that no contestant in the 2018 primaries of the party in Delta State was a party to the action, Justice ADEGOKE nonetheless made pronouncements that ostensibly touch on the rights of the contestants in the said primaries in their absence. Indeed, the said judgment seems to curiously target, for maximum harm, the rights of persons who were shut out of the case by questionable declinature of otherwise simple applications to join the action to defend their threatened rights.

    3.0. As it is, the APC and Prophet Jones (as Respondents) have filed appeals against Justice ADEGOKE’s judgment. Chief Great Ovedje Ogboru (APC’s Governorship Candidate in the 2019 General Election) has also filed an appeal to set aside the entire proceedings and judgment of the lower court on the ground, amongst others, of the Court’s perverse rejection of his application to be joined as a NECESSARY PARTY in the matter to allow him to defend his threatened interests. We commend the appellants who, apparently protecting the Abuja judgment as a PERMANENT LIGHTNING ROD OF DEFENSE against anarchy, nuisance, malevolence, rascality and corruption, now want the appellate court to set aside the lower court’s proceedings/judgment in their entirety.

    4.0. It is elementary that the Federal High Court, whether in Abuja or Asaba, is the same and of coordinate jurisdiction nationally. The Asaba Court has no appellate authority to override or set aside the valid, subsisting and final (being now unappealable) judgment of the Abuja Court. To the extent that the Asaba Court somehow clothed itself with false appellate power to review the Abuja judgment, including delving into questions of issues estoppel and re judicata, the Asaba judgment looms large as a deliberately orchestrated effort to concoct and stoke avoidable anarchy, as desired by sponsored agents of elements who are laboring to undermine APC’s interests in Delta.

    5.0. Without prejudice to the appeals already filed, it is our reasoned view that not being a party to the Asaba action, Delta State APC’s candidates in the 2019 General Elections, including the Most Distinguished Senator Ovie Omo-Agege – who just won a major strategic re-election for the APC in Delta State and now a leading but humble contender for the High Office of the Deputy Senate President (DSP) of Nigeria – are NOT and CANNOT be bound by in personam pronouncements in the Asaba judgment. This position of the law has clearly crystalized over the years in a plethora of landmark judicial pronouncements, including:

    a. NDP v. INEC, wherein the Supreme Court, per FABIYI, JSC, declared that, “Judgment made with order against a person who was not a party to a pending suit is to no avail. It cannot be allowed to stand.” [2013] 6NWLR (PT 1350) 392;

    b. PDP v INEC & ORS, wherein the Court of Appeal, per TSAMMANI, JCA, put it with clarity that, “It is the Law that, a Court or Tribunal has no power to make an order which affects the interest of any person or persons who is or are not parties to the case or dispute before it. Where such order is made it will not be binding on such parties, and is also liable to be set aside at the instance of such parties.” [2011] LPELR – 8831 (CA);

    a. OKONTA v. PHILIPS, wherein it was stated that: “A court has no jurisdiction to make an order which affects the interest of person who has not been joined as a party. The fundamental reason which makes it necessary to make a person a party to an action is to make him bound by the result of the action.” (2010) 8 NWLR (PT. 1225) 320; and

    b. KOKORO-OWO v. LAGOS STATE GOVERNMENT, wherein the Supreme Court, per BELGORE, JSC, also stated without ambiguity that: “A party to be affected by a decision must not be left out of the action because no Court will make an order against any person who has not been heard or given opportunity to be heard.” [2001] 11 NWLR (PT 723) 237.

    6.0. Yes, consistent with the clear position of the law, the Distinguished Senator Ovie Omo-Agege has stated repeatedly that not being a party in the Asaba matter, the Asaba judgment has no legal effect on him. This position was pretty much validated when the Appeal Court, Benin declined his recent APPLICATION FOR LEAVE TO JOIN the appeals in the spirit of camaraderie to give more intellectual teeth to the appeals – appeals that will most likely terminate at the Supreme Court. Although not different from what happened in the OKONTA case (above), the wise Noble Lords of the Court of Appeal declined the APPLICATION FOR JOINDER (not an APPEAL). It is however noteworthy that this declinature has nothing whatsoever to do with the substantive appeals, but there are fake news and mischievous media hysteria that give a false impression that an ‘APPEAL’ was lost!

    7.0. Finally, maybe it needs to be said that to the extent that all Delta APC candidates in the 2019 General Elections are directly or indirectly connected to the judicially approved executives of the party under Prophet Jones (vide the valid, binding, unchallenged and subsisting Abuja judgment), their candidacies remain intact and cannot be questioned, except by a final judgment of a superior court setting aside the same Abuja judgment. As of today, that seems an impossibility.

    Signed:
    NATH DORTIE
    For: The Office of Distinguished Senator Ovie Omo-Agege
    National Assembly, 3-Arms Zone, Abuja

  • Omo-Agege speaks on Appeal Court judgement nullifying his election as Delta Central senator

    Omo-Agege speaks on Appeal Court judgement nullifying his election as Delta Central senator

    Senator representing Delta Central, Senator Ovie Omo-Agege has dismissed insinuations that the Court of Appeal has voided his election and that of all candidates of the All Progressives Congress in the just concluded general elections, saying the court was yet to determine the appeal against the judgement of the Federal High Court in Asaba.

    In a statement by his Senior Special Assistant, Communication and Strategy, Godwin Anaughe, Omo-Agege said Friday’s ruling of the Appeal Court merely states that only the APC can appeal the judgement of the lower and not individual candidates.

    The statement said Senator Omo-Agege had applied to the court to be joined in the appeal, a position which was rejected by the court in it’s ruling on Friday.

    The statement reads: “Following the judgement delivered by Justice Toyin Adegoke of the Federal High Court, Asaba on the 18th of March, 2019 which was being misinterpreted in some quarters to have nullified the Delta State Executive Committee led by our able chairman, Prophet Jones Ode Erue and the candidacy of Chief Great Ovedje Ogboru, Distinguished Senator Ovie Omo-Agege and other candidates of the All Progressives Congress, APC in Delta State, Senator Ovie Omo-Agege and Rev. Francis Waive filed an application seeking the leave of Court to join as parties to the Appeal, on behalf of themselves and other candidates of the APC, against the judgement of the Federal High Court sitting in Asaba.

    “It is instructive to note that the ruling delivered by the Court of Appeal today only struck out the application on the ground that Senator Omo-Agege and Rev. Waive cannot appeal the judgement as individuals since they are both members of APC who can appeal the judgement on their behalf. The APC has already filed an appeal against the said judgement.

    “Furthermore, it is important to note that today’s ruling delivered by the Court of Appeal sitting in Benin has not and did not determine the appeal filed before it by the APC.

    “We reiterate that the Consent Judgement delivered by Justice A.I. Chikere of the Federal High Court sitting in Abuja is still valid and subsisting and all the recent happenings in court have neither invalidated nor set aside the Consent Judgement. Therefore, the Prophet Jones Ode Erue led Exco remains the authentic and legitimate APC Executive Committee of Delta State, so also are all the candidates of APC in the just concluded 2019 general elections.

    “It is important to note further that the recent judgement delivered by Justice U. A. Ogakwu of the Court of Appeal sitting in Calabar made it succinctly clear in the case of Sir John Ochala & 5 ORS. VS. Hon. Godwin Etim John and 2 ORS that “ …. It is settled law that a court cannot make a finding that will prejudicial against a person that is neither before it nor a party to the case and cannot in the same vain grant a relief which will affect a person who is not a party in the suit: OKONKWO vs. OKAGBUE (1994) 9 NWLR (PT 368) 301. The effect of Order(s) made against persons not joined as a party is that such order is a nullity and of no effect”.

    “This remains the position of the law as affirmed by the Supreme Court in plethora of cases, including but not limited to the case of OKONTA VS PHILIP.

    “It is therefore foolhardy for anyone to suggest that today’s ruling delivered by the Court of Appeal, Benin City upheld the earlier judgement delivered by the Federal High Court, Asaba and as such touches on the legal rights of the APC candidates in Delta State.

    “In conclusion therefore, as previously posited, Distinguished Senator Ovie Omo-Agege and other candidates of the APC for 2019.general election are not bound by the said judgement delivered by Justice Toyin Adegoke of Federal High Court, Asaba. The status of all the candidates of the APC in Delta State for the 2019 general election remain valid and legitimate.”

  • JUST IN: Appeal Court dismisses Omo-Agege’s appeal on annulment

    The Court of Appeal sitting in Benin, the Edo State Capital, has dismissed an exparte motion filled by Senator Ovie Omo-Agege seeking a leave of court to appeal the Federal High Court Judgement which sacked the Prophet Jones Erue-led faction of the Delta State chapter of the All Progressives Congress (APC).

    It also dismissed a suit filed by the House of Representatives-elect, Rev Francis Ejiroghene Waive.

    Justice Philomena Mbua Ekpe in her ruling dismissed both applications for lacking in merit and fined them N300,000 each.

    The court held that the plaintiffs could not claim to be unaware of the case thus could not seek to be joined or challenged the judgement, at this moment.

    Omo-Agage and Waive, whose candidacy had earlier be annulled by the Federal High Court, Asaba have to wait for the party at the National level who are party to the case to appeal the judgement.