Delta APC: Court upholds election of Omo-Agege, other candidates

by Polycarp Orosevwotu, Ughelli April 2, 2019


The Federal High Court sitting in Warri has upheld the candidacy of Sen. Ovie Omo-Agege and the other candidates of All Progressives Congress (APC) in Delta State, who emerged through the primaries supervised by the Independent National Electoral Commission (INEC) and conducted by the Party’s National working Committee (NWC).

The presiding judge, Justice Emeka Ewite in his judgement delivered on Tuesday struck out the suit filed by the plaintiff, Olorogun O’tega Emerhor challenging the validity of the primary election that produced Sen Omo-Agege.

Justice Ewite struck out the suit on the ground that it is incompetent and lacking in merit.

He noted that Sen. Omo-Agege and Rev. Francis Waive, the winners of the Delta Central Senatorial District and Ughelli/ Udu Federal Constituency respectively, were necessary parties who ought to have been joined to the suit.


The Judge further observed that Emerhor failed to deny the counter-affidavit filed by INEC, that it did not monitor the primary election for which he purportedly emerged.

“Failure to deny the counter-affidavit is an admission which required no further proof that INEC only monitored the primaries in which Sen. Omo-Agege emerged.

“INEC is to supervise or monitor primary elections and not to conduct,” he said.

Addressing newsmen shortly after the judgement, counsel to the APC, Barr Lucky Ajokperiniovo described the court verdict as a landmark for the party and all the candidates that emerged legitimately through the primaries conducted by the APC.

“It is a landmark judgment, the court has again reaffirmed the position of the Supreme Court to say that persons who are not joined as parties to a suit are not bound by the judgement given by that court.

“The Court struck out the suit filed by Emerhor for being incompetent and lacking in merit ”

“The court says Omo-Agege’s primary elections remain the valid and legitimate primary election conducted by the National Working Committee (NWC)/of the APC.

“The consent judgement is a judgement of court that is valid and binding on all persons until it is set aside.


This judgement has given the party huge relief in determining who is the senatorial candidate in the 2019 general election in Delta Central,” he said.

Also, counsel representing INEC, Barr Robert Emukpoeruo said that the national electoral umpire was neutral and impartial.

“It is the statutory duty of the INEC to monitor primary elections and report those who won and their scores.

“The report by INEC shows that Omo-Agege won the primaries conducted by the NWC.

Counsel to Emerhor, Mr GC Igbokwe in his remark said, “We are happy with the judgment,” he said.

Recalled that Sen. Omo-Agege who is the incumbent senator representing the Delta Central at the upper legislative chamber was re-elected in the recent National Assembly elections.

http://thenationonlineng.net/delta-apc-court-upholds-election-of-omo-agege-other-candidates/

All 9ja politicians balling hard to enrich themselves.

Omo agege, the PDP nightmares.

Good

Appeal court has already upheld the federal high court in Asaba nollifying his election so this judgement is an academic exercise!

FHC has no jurisdiction to rule on a case already decided by the appeal court

It's an abuse of court process. The Judge should be disciplined by NJC.



The appeal court decision subsists

Effort in futility. First in time prevails... A similar ruling has been given by Court of Appeal against his party. He should go and get ready for Supreme Court ruling and not rely on this judgment.

Congrats to our incoming senate president or deputy senate president.up agege,up buhari

A federal high court lacks jurisdiction on a matter that an Appeal court has delivered judgement on.....What a shithole country

Our Judiciary is like a merry go round......Just turnioniown

A case already decided by appeal court?

Na LIE

Another reason for the wailers to cry.














Shiorrrrrr

Confusion everywhere

Pls which court nullified it before?

This man have a strange name synonymous to yoruba and a place in Lagos. Hardly will a stranger believe he is from Delta State.

When you format a phone, it behaves like its head is correct for a while before finally going back to the stupid phone it used to be... Man U finally back to the useless club they used to be....

Thank God. Shame to bad belle people

DMerciful:
Appeal court has already upheld the federal high court in Asaba nollifying his election so this judgement is an academic exercise!

Don't mind those fools, of what use is this judgement when an appeal court has made a contrary judgement!

Waste of time and efforts. A federal high court compared to the ruling of Court of Appeal? Nigga please.....

PDp guys right now.

PaChukwudi44:
FHC has no jurisdiction to rule on a case already decided by the appeal court

Oga,this one is a different case.the federal high court in asaba two weeks ago recognized the faction of emerhor but didnt touch the primaries in delta.this court is now ruling on the primaries itself saying that the primaries that produced agege was valid.again,it also ruled that a consent judgment entered by all sections in the high court last year is valid and legslises the claim of agege.please,get it right.the judgment of the asaba court did not concern them since they werent parties to it

This Omo-agege is the APC version of Dino

Noted!

Ratello:
Waste of time and efforts. A federal high court compared to the ruling of Court of Appeal? Nigga please.....

Continue confusing yourself.the appeal court only refused to allow agege join the suit at the federal high court,nothing else

DMerciful:
Appeal court has already upheld the federal high court in Asaba nollifying his election so this judgement is an academic exercise!

Keep quiet, you can only mislead your PDP e wailers/ Propagandist. No Appeal court in Nigeria has made any pronouncement regards Omo Agege primary election

Okay

Shampoo77:


Tell the nairaland idiots, how can a lower court upturn the decision of a higher court! Appeal court has upheld the FHC Asaba judgement so this one is exercise in futility

Appeal court didnt uphold anything.it only refused agege and waive to join the case