- Judgement didn’t affirm Omo-Agege’s candidacy, Says Emerhor
- Omo-Agege: It rejected Emerhor, Niboro’s claims
There seems to be no end, for now, to the different interpretations being accorded the recent ruling of the Federal High Court, Warri which struck out the suit filed by Olorogun O’tega Emerhor & Mr. Ima Niboro v. APC & INEC, in which the plaintiffs sought for a declaration that they are the authentic candidates of the party and the application by the plaintiffs for discontinuance.
In delivering ruling in an application by the plaintiffs to discontinue with the suit, Justice Emeka Nwite of the Federal High Court, Warri had on April 2, 2019, dismissed the application for lack of competence but went on to rule on the substantive suit which he also struck out as lacking merit for failure to join Sen. Omo-Agege and Rev. Waive as necessary parties.
However, the judgment of the Warri Federal High Court has been interpreted by the O’tega Emerhor faction and Sen. Omo-Agege faction differently, each ascribing victory to himself. While Emerhor claims the Warri FHC judgment upheld the Asaba FHC judgment, Sen. Omo-Agege claims the judgment was an affirmation of his candidacy, Rev. Francis Waive and APC candidates who won their elections.
Reacting to some online and newspapers’ reports, alluding to the affirmation of the candidacy of Sen. Omo-Agege and that of Rev. Waive by the Warri FHC, Olorogun Emerhor stated that “the judgement at no point contained such affirmation”, adding that “the purported affirmation is only in the imagination of Senator Omo-Agege and it is indeed, a desperation taken too far in attempt to hoodwink the general reading public into believing a fictitious affirmation.”
In a statement released by Mr. Godspower Itietie, Media Assistant to Olorogun O’tega Emerhor, he stated that: “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.
“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 produced Omo-Agege and others were monitored by INEC and that the assertion was countermanded by Emerhor & Co, the plaintiffs.
“And that the 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.”
Reacting to the position of Emerhor on the FHC Warri ruling, Senator Omo-Agege, through his SSA on Media and Communication, Mr. Godwin Anaughe noted that the court refused and rejected all the claims of Emerhor and Niboro which sought to be declared the authentic candidates of the party.
He said, “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 certainly do 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.”
According to Anaughe, the Warri FHC also acknowledged the statutory role of INEC in the monitoring of parties primaries, adding that it was proved that in the primaries of APC, INEC monitored it and Omo-Agege emerged winner.
“On the merit of the case, the Court in its judgment found against Emerhor 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”, he said.
Anaughe also recalled that the Warri FHC struck out the Emerhor suit for lacking competence as it failed to join Sen. Omo-Agege and Rev. Francis Waive as necessary parties since Emerhor’s claims bordered on the authenticity of candidacy.
As it stands now both the Emerhor camp and Sen. Omo-Agege’s camp are laying claims to victory from the judgment of the Warri Federal High Court delivered by Justice Emeka Nwite on April 2, 2019.
While Emerhor claims the judgment upheld the earlier judgment of Asaba FHC that nullified the Jones Erue’s exco and all actions taken by it, Sen. Omo-Agege claims the Warri FHC judgment was a reaffirmation of the authenticity of his candidacy and winner of the Delta Central Senatorial election.
Only the certified true copy (CTC) of the judgment which will be made available in the coming days can show more clearly the direction of the judgment.
