We have received with shock and dismay, the widely circulated false report that the Federal High Court, sitting in Warri, yesterday upheld Senator Ovie Omo-Agege and Francis Waive as the duly nominated candidates for the Delta Central and Ughelli North/South/ Udu Federal Constituency in the last elections.
There’s nothing further from the truth. We are shocked because NAN, to which the story is credited, simply adopted wholesale the false press statements of Omo-Agege and Waive’s legal counsel, and largely ignored that of Emerhor’s counsel.
These are the facts of the matter.
IN VIEW OF THE EARLIER DECISION OF THE FEDERAL HIGH COURT, FHC, ASABA , OLOROGUN OTEGA EMERHOR’S COUNSEL FILED A MOTION TO DISCONTINUE THE WARRI SUIT AND STRIKE SAME OUT.
THE JUDGE, JUSTICE EMEKA NWITE J., HOWEVER PROCEEDED WITH HIS JUDGMENT .
HE AFFIRMED THAT THE ASABA JUDGMENT HAS TAKEN CARE OF THE NOMINATION ISSUE AND WOULD NOT GO INTO IT, AND HE DID NOT.
THE JUDGE ONLY NOTED THAT SINCE OMO-AGEGE WAS NOT JOINED AS A PARTY,HE WOULD NOT DECIDE THE CASE IN HIS ABSENCE.
HE THEREFORE STRUCK OUT THE SUIT.
THE REAL PURPORT OF THE DECISION IS THAT THE JUDGMENT OF THE FHC ASABA STANDS.
We are naturally taken aback by the report credited to NAN. How can a case struck out, not dismissed, for lack of jurisdiction be said to uphold Omo-Agege’s false claim to the Delta Central Senate seat?
Does the reporter realise that any remarks in court that are not enrolled as consequential orders are obiter dicta, mere expression of opinion not essential to the decision and therefore of no moment?
We hold NAN in towering esteem and are convinced that the reporter’s tales by moonlight are entirely of his own creation and have nothing to do with the agency and its other hard working employees.
We herewith attach our statement circulated to him and which he willfully ignored.
Aghogho Orotomah
Special Assistant, Media,
To Olorogun O’tega Emerhor.
See Attached:
Breaking… FHC Warri Reaffirms Asaba FHC
Judgement on Delta APC.
The Federal High Court sitting in Warri today affirmed that the recent Asaba Federal High Court Judgement, which knocked down the candidacy of Sen Ovie Omo-Agege, Chief Great Ogboru, and others, had comprehensively dealt with all issues regarding the State Executive Council and APC candidates for the last elections.
Justice Emeka Nwite, while dismissing a case filed before the court by Olorogun O’tega Emerhor and others, held that the FHC Asaba Judgement has sufficiently dealt with the contentious issues of Exco and candidates and therefore declined to entertain them.
He however struck out the action on the grounds of fair hearing, holding that persons whom his decision would directly impact, Sen Ovie Omo Agege and Francis Waive, were not joined in the action.
By his decision, the Learned Justice upheld the position of the plaintiffs, who had earlier sought to withdraw the case, based on the FHC Asaba epochal Judgement which had granted all reliefs that were being sought in the Warri case.
With the striking out of the case, the only legal pronouncement on the validity of APC Candidates in Delta State is that of FHC Asaba, which clearly stated that the Chief Cyril Ogodo led Exco and Delegates are the legal Exco and Delegates of APC in Delta State and that the list of Candidates that emerged from the Primary election it conducted are the valid and legal candidates of APC.
Aghogho Orotomah
Special Assistant, Media
to Olorogun O’tega Emerhor.
