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Paul Osuyi, Asaba
The leadership crisis rocking the Delta State chapter of the All Progressives Congress (APC) took a dramatic twist on Monday as the Federal High Court sitting in Asaba, sacked the Jones Erue-led state executive committee.
Also affected by the two-hour judgment delivered by the presiding judge, Justice Toyin Adegoke, were the ward and local government executives of the party under the Erue-led state executive.
The court declared the plaintiff, Cyril Ogodo, as the authentic chairman of the main opposition party in the state.
In suit No FA/ASA/CS/76/2018, the plaintiffs sought 13 reliefs among which is a declaration that the Ogodo-led executive committee is the authentic state executive of the party.
They also prayed 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.
The plaintiffs further prayed the court to declare the candidates that emerged from the primaries conducted by the Ogodo-led executive as the authentic list of candidates for the 2019 general elections.
The court in the judgment, granted all the reliefs sought by the plaintiffs.
Monday’s judgement has affected 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 three members of the state House of Assembly, having emerged from the primaries conducted by the Erue-led state executives.
Also affected were the nomination of Great Ogboru, the governorship candidate; the immediate past governor and senatorial candidate for Delta South, Dr. Emmanuel Uduaghan and Delta North senatorial candidate, Doris Uboh among others.
But counsel to the defendants, Dr. Okubor Nwachukwu, said the judgment would be tested at the Court of Appeal, expressing confidence that it would be set aside.
On his part, counsel to the plaintiffs, Roland Ekpe, said the judgment did not fall short of their expectations, noting that by implication, the nomination of candidates who flew the flag of the party in the 2019 general elections was null and void, having emerged from the primaries conducted by the Erue-led executive.
Also reacting, Cyril Ogodo said justice had finally be served on the contentious state executive committee of the party, describing the judge as incorruptible, “despite all the intimidation and frivolous petitions, justice was delivered.”
In his response, a brother to the governorship candidate, Mr. Turner Ogboru, who was in the court on the occasion, urged Ogodo and his group not to rejoice yet, saying that the judgment was void ab-initio.
Mr. Ogboru said the judgment cannot stand legal scrutiny at the Court of Appeal, stating that the court was wrong to nullify the primaries conducted by the National Working Committee (NWC) of the party.
“When we profile it, we will go on an 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 to be set aside; it is a consent judgment of which no appeal has to be done against,” Ogboru argued.
