Erue-led Delta APC Relies On Consent Judgment, Says Court Didn’t Annul Omo-Agege, Others Candidacy

The Jones Erue-led executive committee of the All Progressive Congress, APC has reacted to the Asaba Federal High Court judgment which upheld Cyril Ogodo as authentic chairman of the party.

A statement by the Publicity Secretary of the party, Barr. Ogheneluemu Sylvester Imonina, said the judgment of Federal High Court, Asaba, cannot override the valid judgment of the Federal High Court, Abuja, which remains un-appealed till date.

By the judgement of today, no injunctive relief was made against INEC or against the Party’s Candidates who contested for elective positions in the just concluded 2019 general elections, the statement said.

The statement read in parts:

For the sake of those whose gullibility might be played upon by those who do not wish APC, Delta State well, we state the followings:

That after the Party’s Congress that brought Prophet Jones Ode Erue led Executive into being, there was political hiccups and manoevering which some members/Executive of our Party felt, affected their rights.

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That those persons later filed a case in Federal High Court Abuja, for declarative and objective reliefs.

The Party at the National level (NWC of the Party) was served with the processes in that suit.

The Party/NWC, after the receipt of the Court processes, and base on legal advice and voice of reason, opted for amicable settlement of the case. Thereafter, terms of settlement were filed and brought before the Federal High Court, Abuja, and same was made the judgement of the Court.

That after the terms of settlement was made the judgement of Court, it became binding on all members and authorities within APC.

That Cyril Ogodo and some of his friends and godfather later filed processes to challenge the consent judgement but their application for setting aside of the judgement was refused by the Honourable Court.

That Cyril Ogodo and his friends and godfather did not appeal against the ruling of the Federal High Court, Abuja for it to be set aside by the appellate Court, hence, the judgement validating Prophet Jones Ode Erue remains intact and unshakeable till date.

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That the judgement of the Federal High Court, Abuja, is in effect a judgement made in-rem (against the whole world and or other members and authorities of APC in Nigeria). That is, its implication is that it binds whosoever claims to be a member of APC in Nigeria.

Cyril Ogodo in conjunction with his friends decided to move from one Court to the other (forum shopping) with the aim of dislodging Prophet Jones Ode Erue led Executive.

Cyril Ogodo amongst other cases, filed a case at the Federal High Court Asaba, which resulted in the judgement delivered today, 18th day of March, 2019, by the Federal High Court Asaba, in favour of Cyril Ogodo.

That Federal High Court Abuja and Federal High Court Asaba, are Courts of coordinate jurisdiction, hence in law, the judgement of Federal High Court, Asaba, cannot override the valid judgement of the Federal High Court, Abuja, which remains un-appealed till date.

That in law, when two equity are equal, the first in time prevails.

By the judgement of today, no injunctive relief was made against INEC or against the Party’s Candidates who contested for elective positions in the just concluded 2019 general elections.

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Concerning the Party’s primaries that gave tickets to the Party’s Candidates, same was conducted by General Lawrence Onoja (Rtd) election’s committee set up by the National Working Committee of the Party.

By virtue of the relevant section(s) of the 1999 Constitution as amended, nobody can take advantage of being an elected members of any legislative House when he did not participate in all processes that led to the declaration of any particular person. That is, the position of Amaechi’s case is no longer the position of the law stricto sensus. Same applies to Executive office (Gubernatorial).

The Party wants to use this medium to inform all genuine members of APC, Delta State, that they should not lose sleep over the little hiccups that the said judgement of today had generated. The Party is looking into same with a view of approaching the Appellate Court for it to be set aside”.