The Chief Cyril Ogodo-led faction of the All Progressives Congress (APC) has asked the Supreme Court to determine who is the Delta Central Senatorial district candidate between incumbent Senator Ovie Omo-Agege and Olorogun O’tega Emerhor.
This follows the Appeal Court’s ruling in a judgment delivered by Justice Jimi Olukayode Bada, Chidi Nwaoma Uwa and Muhammed L.Shuaibu on May 19th which set aside the judgment of the Federal High Court, Asaba Division which had earlier upheld the Ogodo-led Executive Committee as the authentic leadership of the party in Delta State.
But the Ogodo-led State Executive Committee of the party, through their Counsel O.J Oghenejakpor, has filed an appeal at the Supreme Court.
They asked the apex court to set aside the judgment of the Appellate Court on the grounds that the Justices of the Court of Appeal erred in law when they held that the appellants had abandoned their preliminary objection and thereby refused to entertain the preliminary objection properly raised before them and ended up striking same out without considering it.
The appellants also contended that the Justices of the Court of Appeal misdirected themselves in law in their consideration of the cause of action of the appellants when they held in pages 17-18 of the judgment in part thus “it is clear that the crux of the suit at the lower court is the status of the Executive of 4th respondent (APC) at the state, local government and wards levels in Delta State.
“The positions sought to be declared as authentic, legal and valid are various levels of political party (4th respondent and 1st defendant at the trial) officials in Delta State.
“It is not a suit in respect of the selection or nomination of a candidate of a political party for election who were to be sponsored by the 4th respondent.
“It is a case purely concerning members of the State Executives of the 4th respondent in Delta State.”
The appellants further averred that their claim as disclosed from the record of appeal was a complaint against the breach of the APC Constitution, APC guidelines for the conduct of primaries, Electoral Act 2010 (as amended) and the Constitution of the Federal Republic of Nigeria 1999 by the respondents which have vested them with a cause of action.
The appellants further contended that the lower court by limiting its consideration to reliefs 1-6 of the statement of claim amounted to a denial of fair hearing.
They stated that the lower court took a one-sided view of the case and ignored to positively look at the case of the appellants and the findings of the Federal High Court made in respect of the issues placed before the trial court.
The appellants maintained that the Court of Appeal erred in law when they entertained the appeal of the 1st respondent and allowed even when the 1st respondent failed to lead any evidence at the trial court in support of the averments contained in its statement of defence.
They, therefore, asked the apex court to allow the appeal in its entirety, and the order setting aside the judgment of the Court of Appeal including the order as to costs and order affirming the judgment of the trial Court.
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