The Federal High Court sitting in Warri on Tuesday, April 2, 2019, 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 dismissed 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.