Contrary to what the highly jittery and legally illiterate political jobbers and corruption-addicted noisemakers in the Delta State chapter of the People’s Democratic Party, PDP, and the factional Chief Cyril Abeye Ogodo led Exco would have the general public believe, the Court of Appeal never invalidated the candidatures of either Chief Great Ogboru, the gubernatorial candidate of the All Progressives Congress, APC, or that of the party’s senatorial candidate for Delta Central, Distinguished Senator Ovie Omo-Agege.
According to Delta ReatRestora Group , led by Lucky Ajos Esq. He said, ” the Court of Appeal did not give any judgment whatsoever remotely touching on the validity of Candidates produced by the Prophet Jones Erhue-led State executive of the APC and all such candidates across board and up and down the line remains intact.
The Appellants at the Court of Appeal had challenged the jurisdiction of the lower Court to entertain the matter and all the Appellate Court did was simply to return the matter to the Court below to hear the Preliminary Objection and substantive matter together.
Instructively, the court below had made an interim ruling ordering the parties to maintain the status quo ante which funny enough can only validly be interpreted to mean that the Jones Erhue-led executive remains the legitimate exco of the party in Delta, being the organ duly recognized as such by the national body of the APC as at the time the suit was filed last year!
Moreover, the Cyril Ogodo-led faction of the party had contended at the lower court that the congresses of the Party constitute Pre-election matters (as opposed to ordinary internal party affairs and thus similar to party primaries), in which case by their own submission/admission, their Court action is already statute-barred given that more than 180 days have elapsed between when the Congresses were held back in May, 2018 and today!.
This is of course besides the nagging question of the grossly vexatious nature of their suit which is clearly anticipatory in nature given that it was filed in September, 2018, in anticipation of primaries to be conducted in October of the same year!
The Consent Judgement in favour of Prophet Jones Erue led Exco of the APC, Delta State chapter still subsist and remains a valid judgment of Court, it has not been set aside by any Court neither has it been appealed against, several suits have been filed against the Consent Judgement urging the Courts to set it aside and just recently the Federal High Court sitting in Abuja struck out an application for leave to appeal the Judgment.
The gravamen of the matter before the Court of Appeal sitting in Benin was whether the Federal High Court sitting in Asaba has jurisdiction to hear the substantive matter of a congress that has already been litigated upon and judgement delivered by a Court of coordinate jurisdiction. And The Court of Appeal on the ground that the Appellants did not seek leave of Court before filing the appeal, since it is mixed with law & facts , thereby dismissed the appeal with cost and ordered that the Appellants go back to the the lower Court to hear the matter and nothing more!
The Independent National Electoral Commission (INEC) was NEVER ordered by the Court not to accept names of Candidates from the All Progressives Congress(APC) in Delta State.
It is therefore mischievous for anyone to insinuate by any stretch of imagination that the judgement of the Court of Appeal nullified ALL the Candidates of the All Progressives Congress in the forthcoming 2019 General Elections.