The Benin Appeal Court ruling which struck Senator Ovie Omo-Agege and Rev. Francis Ejiroghene Waive Case has nothing to do with their Mandate. This was contained in Press Release made available to Newsmen, by Barr. Ogheneluemu Sylvester, Publicity Secretary, APC, Delta State.”
The State thus reads; Attention of the All Progressives Congress, Delta State, led by Prophet Jones Ode Erue have been drawn to blatant falsehood and mischief being spread by Emissaries of rift within and outside APC, Delta State, about the ruling delivered today, the 29th of March, 2019, by the Court of Appeal, sitting in Benin-City, in respect of Motions filed by Sen. Ovie Omo-Agege and Rev. Francis Ejiroghene Waive, seeking leave of the Court of Appeal to appeal the judgement of the Federal High Court, Asaba.
It could be recall that on the 18th day of March, 2019, the Federal High Court, Asaba, gave judgement in favour of Cyril Ogodo led factional Executive as the authentic State Executive of APC in Delta State.
Though, Sen. Ovie Omo-Agege and Rev. Francis Waive were not parties to the Federal High Court case that gave judgement to Cyril Ogodo, the duo, felt there was need for them to seek leave of the Court of Appeal, to have the judgement set aside in order to avoid mischief makers using same to foment trouble. However, the said applications for leave were struck out on the following grounds:
1) That Sen. Ovie Omo-Agege and Rev. Francis Ejiroghene Waive, haven not sought the leave of the lower Court to join the suit at the lower Court, the Court of Appeal cannot grant them leave to appeal the judgement.
2) That in view of the fact that APC was sued at the lower Court, the interest of Sen. Ovie Omo-Agege and Rev. Francis Waive is subsumed under APC.
Meanwhile, as at yesterday, the 28th day of March, 2019, APC had filed an appeal against the judgement of the Federal High Court, Asaba, challenging same, and the said appeal is presently in the Court of Appeal. The implications of the appeal filed by APC is that:
1) Until the said appeal is heard and determined, the judgement of the Federal High Court Asaba, remains in limbo. That is, same cannot be used against the Party and/or anyone it affects negatively.
2) All persons and/ or Candidates of the Party in the last 2019 general elections maintain their status as Candidates of the Party.
3) In view of the fact that nature abhors vacancy and the fact that APC had appealed the judgement, Prophet Jones Ode Erue led Executive of the Party remains until the final determination of the appeal by the appellate Court(s).
We want to state that on the issue of cost of #300,000.00 awarded against Sen. Ovie Omo-Agege and Rev. Francis Waive, same is the practice in Nigerian Court. The award does not in any way affects their rights as members-elect of the Senate and House of Representatives respectively.
The Party wants to use this medium to reassure all genuine members of APC, Delta State, that there is no cause for alarm. The Party is exercising her inalienable rights, as guaranteed by the Constitution of the Federal Republic of Nigeria in making sure that the will of APC members is not subverted by a few disgruntled elements in the Party, whose stock in trade is, bringing political upheaval and disharmony to our great Party for their personal gains. We believe that the Party shall laugh best at the end of the day.
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