Delta APC faction appeals Appeal Court ruling
Nosa Akenzua, Asaba
This may not be the best of times for embattled All Progressives Congress (APC) Senator-elect, Ovie Omo-Agege as the Supreme Court is set to determine who the authentic candidate of the party is between the serving senator and Olorogun O’tega Emerhor.
The lingering legal tussle over the leadership of the APC in Delta state has now moved to the Supreme Court, leaving Omo-Agege senatorial seat hanging in the balance.
The Chief Cyril Ogodo led faction of the party has asked the apex court to set aside the judgment of the Court of Appeal which had sacked it and reinstated the Jones Erue leadership of the party in the State.
Counsel to the Ogodo led state executive committee, O.J. Oghenejakpor has approached the Supreme Court asking it to set aside the judgment of the appellate court on grounds that the Court of Appeal erred in law when it held that the appellants have 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 Court of Appeal misdirected itself in law in its consideration of the cause of action of the appellants and 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, the Electoral Act 2010 (as amended) and the constitution which has 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 amounts 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.
Therefore, the appellants asked the apex court to allow the appeal in its entirety, give an order setting aside the judgment of the Court of Appeal, including the order as to costs and order the affirmation of the trial court’s judgment.
