Snippet of the judgment of Federal High Court sitting in Warri in suit No: FHC/WR/CS/88/2018, shows Oghenetega Germanson Emerhor, the plaintiff lied about claims that the Court affirmed the judgement of the Federal High Court, Asaba.
Emerhor also lied over claims that the judgement did not affirm that Senator Ovie Omo-Agege and Rev. Francis Waive remains the validly nominated candidates of the All Progressives Congress, APC in the just concluded 2019 general elections.
Omo-Agege and Emerhor had become estranged over the candidacy of the APC and have continued to bomb the media with claims and counter claims that the learned judge of the Federal High Court Warri, Hon. Justice Emeka Nwite actually ruled in their favour.
Emerhor, the 1st plaintiff and Ima Rume Niboro, 2nd plaintiff had asked to be declared the candidates of the party in the Senatorial and House of Representatives elections respectively, based on a list of purported candidates who emerged from the primaries conducted with Cyril Ogodo led State Executives of the APC.
But in its judgement, the court refused to grant the reliefs sought by Emerhor and Niboro.
On page 28 of the judgement seen by BIGPEN ONLINE, the court held: “There are overwhelming facts before the Court to indicate that the issue of actual candidates of the 2nd defendant’s primary election in Delta Central Senatorial and Ughelli/Udu Federal Constituency whose names are to be submitted to the 1st defendant between the plaintiffs and Omo-Agege & Ors. could not have been effectively and completely settled without joining Ovie Omo-Agege and Francis Ejiroghene Waive & Ors. and not having joined Omo-Agege & Ors. amounts to a breach of fair hearing.”
At page 30 of the same judgement, the Court held: “All the authorities referred to above underpin the importance attached to the observance of the principle of Natural justice in any adjudication. I agree entirely with the submission of the learned senior counsel for the 2nd and 3rd defendants that they cannot ask the Court to shave the head of those who are not joined in their absence.
“In view of the foregoing analysis, I am of the view and I so hold that this suit is incompetent and ought to be struck out.”
Also at pages 30-31 of the judgement, Hon. Justice Emeka Nwite said, “Assuming I am wrong in holding that this suit is incompetent for not joining the necessary parties which I am not, falling back to paragraph 3 of the 1st defendant’s counter affidavit particularly paragraph 3(b) & (c). At the risk of repetition, I will reproduce the said paragraph once more.
“3(b) That 1st defendant did not monitor any primary election of the 2nd defendant in which (Oghenetega Germanson Emerhor the 1st Plaintiff herein) or Ima Rume Niboro ( the 2nd Plaintiff emerged or declared winner)”.
“(c) That in the APC Delta Central Senatorial primary election conducted by the National Executive Committee of the 2nd defendant and monitored by the 1st defendant the winner of the primary election is Senator Ovie Omo-Agege.
“This vital averment were not challenged or controverted by the plaintiffs by way of further affidavit. The inevitable consequences is that those facts deposed to in the counter-affidavit of the 1st defendant is deemed to have been admitted by the plaintiffs and must also be taken as true by the Court unless they are obviously false to the knowledge of the court.”
Meanwhile, in a statement on Sunday, Omo-Agege’s Senior Special Assistant, SSA, Communications & Strategy, Godwin Anaughe, said that this conclusion reached by Justice Nwite does not in any stretch of imagination amount to the affirmation of the judgement of the Asaba Federal High Court as falsely claimed by Emerhor in various sphere of the media.
“Rather, it is a firm rejection of his interpretation that the judgement of the Federal High Court, Warri affirms the judgement of the Federal High Court, Asaba.
“From the foregoing findings of the Federal High Court Warri, Emerhor and Niboro have no basis to claim to be the Senatorial or House of Representatives candidates of the APC for Delta Central and Udu/Ughelli North/Ughelli South Federal Constituency respectively.
“Senator Ovie Omo-Agege and Rev. Francis Ejiroghene Waive are therefore the duly elected Senator for Delta Central Senatorial District and House of Representatives Member for Udu/Ughelli North/Ughelli South Federal Constituency.
“Since this judgement decided a claim initiated by Oghenetega Germanson Emerhor and Ima Rume Niboro, they are both bound by the terms of this judgement and cannot turn around to rely on the earlier judgement of the Federal High Court in Cyril Ogodo & Ors vs. APC or other pending cases, not being parties to those cases.
“By the judgement of the FHC, Warri, Oghenetega Germanson Emerhor knows, that is, if he is not already aware, that he cannot be the Senator-elect for Delta Central Senatorial District, yet he continues to peddle lies and mislead the general public that he is the Senator-elect”.