APC Appeals Asaba Judgement, As Omo-Agege Says His Candidacy, Others Remain Valid

The All Progressive Congress, APC has appealed the judgement delivered by Justice Toyin Adegoke of the Federal High Court, Asaba which annulled the Jones Erue-led Delta State Executive Committee of the party on the 18th of March, 2019.

Senator Ovie Omo-Agege, representing Delta Central senatorial district disclosed this while reacting to the dismissal of his application seeking the leave of Court to join as party to the Appeal against the judgement of the Federal High Court Asaba.

According to him, the judgement is being misinterpreted in some quarters to have nullified the Erue-led EXCO, and the candidacy of Chief Great Ovedje Ogboru, Senator Ovie Omo-Agege and other candidates of the All Progressives Congress, APC in Delta State.

The Senator who spoke through his Senior Special Assistant, Communications & Strategy, Godwin Anaughe in a statement obtained by BIGPEN ONLINE, also said that the ruling delivered by the Court of Appeal today (Friday) only struck out the application on the ground that Senator Omo-Agege and Rev. Waive cannot appeal the judgement as individuals since they are both members of APC who can appeal the judgement on their behalf.

He said that APC has already filed an appeal against the said judgement, explaining that the ruling has not and did not determine the appeal filed before it by the APC.

The statement reads: “We reiterate that the Consent Judgement delivered by Justice A.I. Chikere of the Federal High Court sitting in Abuja is still valid and subsisting and all the recent happenings in court have neither invalidated nor set aside the Consent Judgement.

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“Therefore, the Prophet Jones Ode Erue led Exco remains the authentic and legitimate APC Executive Committee of Delta State, so also are all the candidates of APC in the just concluded 2019 general elections.

“It is important to note further that the recent judgement delivered by Justice U. A. Ogakwu of the Court of Appeal sitting in Calabar made it succinctly clear in the case of Sir John Ochala & 5 ORS. VS. Hon. Godwin Etim John and 2 ORS that “ …. It is settled law that a court cannot make a finding that will prejudicial against a person that is neither before it nor a party to the case and cannot in the same vain grant a relief which will affect a person who is not a party in the suit: OKONKWO vs. OKAGBUE (1994) 9 NWLR (PT 368) 301. The effect of Order(s) made against persons not joined as a party is that such order is a nullity and of no effect”.

“This remains the position of the law as affirmed by the Supreme Court in plethora of cases, including but not limited to the case of OKONTA VS PHILIP.

“It is therefore foolhardy for anyone to suggest that today’s ruling delivered by the Court of Appeal, Benin City upheld the earlier judgement delivered by the Federal High Court, Asaba and as such touches on the legal rights of the APC candidates in Delta State.

“In conclusion therefore, as previously posited, Distinguished Senator Ovie Omo-Agege and other candidates of the APC for 2019 general election are not bound by the said judgement delivered by Justice Toyin Adegoke of Federal High Court, Asaba.

“The status of all the candidates of the APC in Delta State for the 2019 general election remain valid and legitimate”.

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