By Emmanuel Enebeli
ASABA/Nigeria: The Federal High Court, sitting in Asaba, the Delta State capital, had in a judgment to authenticate the legal leadership of the All Progressive Congress, APC, had declared the factional leadership of the party led by Prophet Jones Erue as Illegal, and formally pronounced the Cyril Ogodo led executive as authentic as the legally constituted executive.
In giving his Judgement on the case, the trial judge, Justice T.B. Adegoke today, Monday, March 18, 2019, declared that the Chief Cyril Ogodo-led executive is the authentic executive committee of the All Progressive Congress (APC in Delta state.
Accordingly, the judge declared that the Prophet Jones Ode Erue’s executive and all the actions it purportedly took while it purportedly functioned as the APC state executive is null, void and of not effect whatsoever.
In the suit, Chief Ogodo is seeking among about 13 reliefs, a declaration that he is the authentic chairman of the APC in Delta State, and that any and every action purportedly taken, initiated or carried out by the fourth defendant, Prophet Jones Odeh Erue as chairman of APC (fourth defendant) by the second defendant (National Chairman, Adams Oshiomhole) in Delta State following his purported inauguration, swearing-in and recognition and/or appointment by the National Chairman as chairman of APC in Delta State is/and null, void and of no effect.
Delivering the judge upheld the all the 13 reliefs sought by Chief Cyril Ogodo in which he asked the court to declare him as the authentic chairman of the APC in Delta State, the judge in her about 2 ½ hours judgment took a painstaking review of the case, the evidences, and the submissions of the various counsels and the witnesses, took a swipe at the defence for not providing diligent defence, pointing out that the failed to provide evidence against their oppositions to the claims of the plaintiff who diligently adduced evidence to back up every of his claims. “The defendants did not produce any evidence to contradict the claims of the plaintiffs that the congress that produced the Cyril Ogodo executive committee actually held on the stipulated date. That the defendants did not tender evidence to prove that it conducted the APC state congress. “
The judge then held that Chief Cyril Ogodo is the authentic and duly elected chairman of the APC in Delta State. The judge held that the plaintiffs are entitled to challenge the violation of Article 17 of the APC Constitution, pointing out that the action of the defendeants was a breach of the rights of the plaintiffs.
“The plaintiffs claim is declarative; I am satisfied that the plaintiffs are entitled to the declarations sought,” Justice Adegoke declared.
The judge also held that the defendants flagrantly disobeyed the order of the court on 17/10/2018 that the parties to the suit should maintain the status quo, and that no name of candidate to contest the general elections on the platform of the APC should be submitted to the electoral body, an order that the defendants disobeyed.
The judge said: “This is obviously a flagrant disobedience of the order of this court. The claims of the plaintiffs succeeded. The plaintiffs are the valid executive of the party in Delta state. Anything that the defendants did or purported to have done, including the conduct of the elections is in flagrant disobedience to the order of this court, including g the submission of the names of the candidates to contest the elections to the electoral body.”
The judge that declared that all the reliefs 1-13 sought by the plaintiffs succeeded, and so held.
Accordingly, the judge said she could not uphold any of the writs and oppositions made by the defence for lack of substantial proofs.
The implication of this judgment, therefore, is that since it was the action of the Prophet Jones Odeh Erue that produced Chief Great Ovedje Ogboru, Senator Ovie Omo-Agege, Rev. Waive and all the other APC candidates by the false Erue executive committee, by the declaration of the court, these candidates are not the real candidates.
