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Tony Osauzo, Benin
The Court of Appeal sitting in Benin has affirmed the Prophet Jones Erue-led State Working Committee as the legally-elected State Executives of the All Progressives Congress (APC) for Delta State.
The affirmation followed an appeal filed by the Erhue-led executives against the judgment of Asaba Federal High Court which on March 18 this year, declared the Cyril Ogodo-led faction as the elected executive of the party.
The court in a unanimous judgment of its three-man Justices read by Justice Mohammed Shaibu, held that the lower court lacked jurisdiction to entertain the suit as it bordered on intra-party matter.
The appellate court also held that respondents’ non-compliance with Section 97 of the Sheriff and Civil Process Act was a fundamental breach of the law, adding that statutory provision on service of writ of summons was not complied with, as the writ was not endorsed.
Besides, the court further held that failure of the respondents to file their suit within 14 days of the act complained of (pre-election), extinguished their rights and therefore lacked the locus standi to contest the primary they did not participate in.
