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Court Didn’t Stop Delta APC From Submitting Names Of Candidates To INEC
Contrary to speculations making the round, the Federal High Court sitting in Asaba, the Delta State Capital did not restrained the National Working Committee (NWC) of the All Progressives Congress (APC) from submitting a list of party candidates for the 2019 election from Delta State to the Independent National Electoral Commssion (INEC), BigPen Online has been told.
Recalls that the Chief Cyril Ogodo led faction of the APC in the State and others had instituted an interlocutory injunction restraining APC, Adams Oshiomhole from submitting the list of candidates from Prophet Jones Erue faction to INEC.
Joined in the suit, as 2nd respondent with All Progressives Congress (APC) as 1st respondent, is the National Chairman of APC, Adams Oshiomhole as well as the Independent National Electoral Commission and Prophet Jones Erue as the 3rd and 4th respondents respectively.
The case which earlier came up on 16th October 2018, was adjourned to yesterday (17th of October) for hearing after the defendants informed the Court of their inability to file responses to the Claimants application for injunction.
At the hearing on Wednesday, Counsel George Onaho Esq for the 1st and 2nd defendants (APC and the National Chairman) served their Counter affidavit and the Notice of preliminary objection to the jurisdiction of the Court.
The counsel for the Claimants O.J. Oghenejakpor asked for a stand down to react to the preliminary objection which was granted.
On resumption, counsel to the Claimants served his reply to the preliminary objection on the counsel for the 1st and 2nd defendants whereupon the counsel for the 1st and 2nd defendants applied for an adjournment to file a reply on points of law which was opposed to by O.J. Oghenejakpor who insisted on going on with the motion for interlocutory injunction.
At this point, the honourable court informed O.J. Oghenejakpor the counsel to the Claimants that the motion for interlocutory injunction cannot be taken as the prayers in the motion are substantially the same as the main reliefs in the substantive suit.
The court thereafter adjourned the matter to 1st and 2nd of November 2018 for accelerated hearing of the substantive case and preliminary objection to be taken together and the parties to maintain status quo.
Justice Toyin Adegoke who presided over the case said, “this matter shall be given an accelerated hearing owing to fact that it is a pre-election matter. All defendants are to take note of the tendencies of this suit.
“Parties shall maintain status quo as at today, the 17th day of October 2018. That is the order of this court”, Adegoke ruled.
In his reactions, APC State Legal Adviser, E.V. Onojeghuo Esq said that implications of the proceedings are: “No Order restraining the defendants was made by the honourable court.
“The status quo to be maintained simply means that the State Executive Committee under the chairmanship of Prophet Jones Ode Erue remains the authentic structures in the State.
“It stands logic on the head to assume that the Court has technically restrained the defendants by asking parties to maintain status quo when the honourable court has rightly observed that the motion for interlocutory injunction carries the same reliefs as the substantive suit and even refused to entertain the said motion.
“The defendants are therefore at liberty to carry out their constitutional duties as there are no legal restraints imposed by the honourable court.
“In the light of the above, we appeal to all faithful members of our great Party to remain calm and not be sway by social media pranks as the records of the Court are sacrosanct”, Onojeghuo added.
But Counsel to the Applicants, Barr. O.J. Oghenejakpor insisted that the implication is that, “as at today, no list of candidates can be submitted to INEC and none will be submitted until we hear this case. Technically, the court has granted an injuction restraining the APC from nominating any candidates from Delta State for the 2019 election.
“The issue will have to await the substantive trial which is now fixed for 1st and 2nd November, 2018. Court has also granted us an accelerated hearing so that the facts can be put to rest once and for all. Its a healing process and I think if the National Executives could take opportunity of this process, it will bring the party together in Delta State”.
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