Omo-Agege, Emerhor Disagree Over Warri Federal High Court Judgment

Incumbent Delta Central senator, Obaisi Ovie Omo-Agege, and Senator-elect, and his archrival, Olorogun O’tega Emerhor have disagreed over who is to benefit from the judgement of the Federal High Court in Warri in a suit filed by the latter.

While Omo-Agege is asserting that the suit was heard on its merit and dismissed in his favour, Emerhor who approached the court for a declaration that he is the authentic candidate of the party says the suit was struck out in his favour.

BIGPEN ONLINE reports that though the Certified True Copy, CTC of the judgment was yet to be release, the two embattled leaders of the APC have continued to bomb the media with claims and counter claims that the learned judge of the Federal High Court, Hon. Justice Emeka Nwite actually ruled in their favour.

For Omo-Agege who gave a chronological analysis of the judgment through his Senior Special Assistant on Communications and Strategy, Godwin Anaughe on Thursday, the court only affirmed what was already known that Emerhor O’tega was not the candidate of the APC.

According to Omo-Agege, “The judgement delivered by the Federal High Court Warri on the 2nd of April 2019 definitively refused and rejected all the claims of Emerhor Oghenetega Germanson and Ima Niboro in which they sought to be declared the Senatorial and House of Representatives candidates of the All Progressives Congress, APC in Delta Central Senatorial district and Udu/Ughelli Federal Constituency respectively.

“In doing so, the Federal High Court sitting in Warri, presided over by Hon. Justice Emeka Nwite acknowledged the obvious and validated what has been the true position all these while: Emerhor Oghenetega Germanson certainly does not have a legal right to the Delta Central Senatorial seat. Senator Ovie Omo-Agege is the Senator-elect having duly won the legitimate primaries of the All Progressives Congress, APC, held on October 3rd, 2018 and also won the general elections held on February 23rd, 2019, despite Emerhor Oghenetega Germanson’s working assiduously against APC in the senatorial election and ensuring that the party is defeated in his unit and ward.

“The Federal High Court in its judgement upheld the statutory role of the Independent National Electoral Commission (INEC) in monitoring activities of political parties, particularly the monitoring of primaries to elect candidates to contest the general elections.

“The Court found as proof that in the primaries of the APC which INEC monitored, the winner is Senator Ovie Omo Agege and not Emerhor Oghenetega Germanson, a fact the Court said was admitted by Emerhor Oghenetega Germanson.

“The Court also found that Emerhor Oghenetega Germanson being an aspirant who claimed to have won a primary election as against other contestants, improperly instituted his case when he refused to join other contestants as parties to the suit. That amounts to shaving their heads behind their backs.”

Continuing, the statement held: “Not having joined Senator Omo-Agege and Rev. Francis Waive as necessary parties, the Court found the case to be incompetent.

“On the merit of the case, the Court in its judgment found against Emerhor Oghenetega Germanson and held that he did not win the primaries of the APC conducted by the National Working Committee of the APC and monitored by INEC. The winner of the APC primaries conducted by the National Working Committee of the APC and monitored by INEC is Senator Ovie Omo-Agege”.

But reacting to the widely circulated news on the online and print media of the purported affirmation of the candidacy of Omo-Agege, Emerhor stated that the judgement at no point contained such affirmation, noting that the purported affirmation “is only in the imagination of Senator Omo-Agege and that indeed, it is desperation taken too far in attempt to hoodwink the general reading public into believing a fictitious affirmation”. 

Emerhor, in a statement by his Media Assistant, Godspower Itietie averred, “Justice Emeka Nwite of the Warri FHC gave a judgment on April 2, 2019 on a suit filed by Emerhor & Niboro against APC and INEC for a declaration that they are the valid and authentic candidates of APC for the Delta Central senatorial and Ughelli North, South and Udu federal constituency seats.

“The suit had been adjourned for ruling when the Asaba FHC gave its judgement and affirmed Emerhor and all Ogodo Exco candidates as the valid and authentic candidates of APC in the 2019 general elections and having secured their declaration from the Asaba FHC, Emerhor and Niboro voluntarily filed a motion of discontinuance at the Warri FHC, requesting that the suit be struck out as it serves no further legal purpose. 

Continuing, he also said, “The Judge in his wisdom dismissed the motion but still proceeded to strike out the suit however on the basis of inability to ensure fair hearing. 

“It is in this regard that the Judge stated that the APC as a defendant has shown that the primaries that produce Omo-Agege and others were monitor by INEC and that the assertion was countermanded by Emerhor & Co, the plaintiffs. 

“And that primaries that are monitored by INEC have a semblance of credibility for candidates that emerged therefrom and as such to ensure fair hearing, Senator Omo-Agege and Rev Francis Waive who emerged therefrom ought to be joined in the suit, and failure to join them, the suit is therefore struck out. 

“Emerhor sought for the suit to be struck out and the court indeed struck the suit out. Mission achieved.

The statement further disclosed; “The Judge also made a few more statements: that he is unable to look into the issue of the authenticity of State Excos and candidates for the 2019 elections as the Asaba FHC already dealt on those issues. 

“The court also dismissed the issue of Consent judgement stating that it is a different judgement entirely that cannot rob him of jurisdiction in this case. At no time did he affirm Senator Omo-Agege as authentic candidate. 

“Even at that, Omo-Agege as a lawyer ought to know that when a suit is struck out, it is as if it never was filed. Any statements by the Judge are OBITER DICTUM , meaning expression of opinion not essential to the decision or accidental remarks that come to no moment. 

“So from where did Omo-Agege get the acclaimed affirmation of his Candidacy? What benefits can come from a lie so barren and naked when the clothed truth is just ahead in the corner”, Emerhor added.