Bightnews correspondent reports that the Senator representing Delta Central Sen. Ovie Omo-Agege has confirmed his intrepidity just three days after Court Of Appeal Benin City repudiates him and other APC elected candidates’ application requesting to be parties to the appeal filed by the party APC, as the Court upheld the earlier judgement of the Federal High Court invalidating the faction of the party APC led by Prophet Jones Erue and his executive committee in Delta State.
The Senator Ovie Omo-Agege who contested and won the Delta Central senatorial seat on a second term which is first in history, under the platform of the Jones Erue led faction of the All Progressive Congress, APC, reassured that his reelection would still count as it is legitimate.
He revealed this in a statement issued by his SSA on Communications and Strategy; Mr. Godwin Anuaghe, in Abuja.
Bightnews had subsequently gathered that on Friday March 29, 2019, the Court of Appeal, Benin City, upheld the earlier judgment delivered by the Federal High Court Asaba, which invalidates the Jones Erue-led APC state executive committee.
While responding, Sen. Omo-Agege said, it was informatory to reflect that the ruling by the Benin Appeal Court only out-kicked the application hinging on the ground that individual candidates cannot appeal a judgement which the party had generally appealed on their behalf since they are party members.
He said that, the party, APC has filed an appeal case against the judgment of the Federal High Court Asaba already.
The Senator, reiterated that the judgment dilivered by the Federal High Court Abuja was still valid hence, he said that the Benin Appeal Court “ has not and did not determine the appeal filed before it by the APC “,
”And all the recent happenings in court have neither invalidated nor set aside the consent judgement.
”Therefore, the Prophet Jones Erue-led Exco remains the authentic and legitimate APC Executive Committee of Delta, so also are all the candidates of APC in the just-concluded 2019 General Elections,” he said.
Sen. Agege argued that a law court cannot produce a finding that would be prejudicial against a person that is neither before it nor a party to a suit before it and cannot similarly grant a relief that will directly affect someone who is not a party to a suit before it.
”OKONKWO vs. OKAGBUE (1994) 9 NWLR (PT 368) 301. The effect of Order(s) made against persons not joined as a party is that such order is a nullity and of no effect.”
”This remains the position of the law as affirmed by the Supreme Court in plethora of cases, including but not limited to the case of OKONTA VS PHILIP.”
”Therefore, the status of all the candidates of the APC in Delta for the 2019 General Elections remains valid and legitimate,”
