The Court of Appeal sitting in Benin has upheld the appeal filed by the Prophet Jones exco faction of APC in Delta State against the judgment of the Federal High Court, Asaba on March 18, 2018 that declared the Cyril Ogodo exco as authentic.
Delivering judgment on appeal today, the Court of Appeal held that the lower court lacks the jurisdiction to entertain the matter to which it gave its judgment, adding that the matter which cause of event happened in July 2018 was an internal party’s affairs to which the lower court has no jurisdiction to entertain.
The appellate court also faulted the service of the writ of summons on the defendants/appellants as it was not endorsed in line with the Sheriff Act.
The Court of Appeal also held that the lower court lacks jurisdiction to entertain the matter as the matter has become statue barred having been filed at the lower court after the statutory period of 14 days from the happening of the cause of action in line with the provisions of the 4th alteration of the 1999 constitution as amended.
The court therefore upheld the appeal granting all the reliefs of the appellant including a cost of N100,000 against the respondent and affirmed the Jones Erue’s exco as the authentic one in the state.
As it stands, the Jones Erue’s exco remains authentic in Delta State and every action taken by the exco including the election of Sen. Ovie- Omo-Agege and other candidates and winner’s of the February and March elections were legal and in order.
