Senator representing Delta Central and Senator elect on the
platform of the All Progressives Congress (APC) Senator Ovie Omo-Agege
has said that the Federal High Court in Asaba lacks jurisdiction to
adjudicate on a matter that has already been dealt with.
therefore dismissed the judgment of the Federal High Court nullifying
his nomination as the APC senatorial candidate, saying he was never a
party to the suit before the court and therefore remains the validly
nominated candidate of the party
In a statement made available to
newsmen in Abuja and signed by his Senior Special Adviser
Communications & Strategy, Godwin Anaughe, the Senator said the
primary election that produced him and other APC candidates for the
election was a consent judgement which has not been set aside by any
court of competent jurisdiction.
The statement reads: “Today’s
judgement by Justice Toyin Adegoke of the Federal High Court sitting in
Asaba may give some joy to the plaintiffs and their supporters, but it
is of no effect and does not and cannot alter the status quo. Senator
Ovie Omo-Agege remains the Senator-Elect and Rev Francis Ejiroghene
Waive remains the Member-Elect of the Federal House of Representatives.
the electoral college that elected Senator Omo-Agege and Rev. Waive as
APC candidates in the just concluded 2019 general elections came into
being by virtue of a consent judgement that has not been set aside. It
is still a valid, subsisting judgement until it is set aside by a
superior court of competent jurisdiction. Therefore, their election into
their respective positions remains valid.
“Second, there is no
consequential order made by Justice Toyin Adegoke for the Independent
National Electoral Commission (INEC) to withdraw the Certificate of
Return duly issued to Senator Omo-Agege and Rev. Waive and to be
re-issued to those who are now parading themselves as the valid
candidates for the just concluded 2019 general elections, neither was
there any order made against the persons of Distinguished Senator
Omo-Agege and Rev. Francis Waive, as they were not parties to the suit
and as such are not bound by the said judgement.
Court, in its wisdom held that the consent judgement is not binding on
Cyril Ogodo and co. because they were not parties to that suit. It
becomes trite that today’s judgement also cannot bind on Senator
Omo-Agege and Rev. Waive because they were also not joined as parties to
this present suit.
Further to this, the Court therefore cannot make any declaratory orders against them.
the National Working Committee (NWC) of APC, under the directive of the
National Executive Committee ( NEC) of the party is the only organ that
is saddled with the responsibility of organizing party primaries for
the purpose of nominating and sponsoring candidates for elections and
not one Mefor Progress, an individual, as Justice Toyin Adegoke wrongly
held in her judgement.
“It is imperative to state emphatically
that the consent judgement of the Federal High Court sitting in Abuja
that gives validity to the Jones Ode Erue led Exco is a final judgement
of Court like any other judgement, and it is valid and subsisting until
it is appealed against and set aside by a court of competent
“The Asaba Federal High Court lacks the
jurisdiction to sit as an Appellant Court over a consent judgement
delivered by a court of coordinate jurisdiction. Consequently, Prophet
Jones Ode Erue & his Exco remains the valid and authentic Executives
of Delta State APC.
“The judgement delivered by Justice Toyin Adegoke of the Federal High Court 1, Asaba is therefore of no consequence.”