What future for Delta APC?

A Federal High Court in Asaba, the Delta State capital, has sacked the factional chairman of the state’s chapter of the All Progressives Congress (APC), Jones Erue. Senior correspondent OKUNGBOWA AIWERIE examines the implications of the judgment and the way forward for the party.

A PALL of uncertainty hangs over the Delta State All Progressives Congress (APC), in the aftermath of the sacking of its factional chair, Jones Erue, and his state executive committee by a Federal High Court in Asaba, the Delta State capital. Also sacked were the ward and local government executives of the party.

The party has been struggling, amidst allegations of mismanagement of campaign funds, to come to terms with its humiliating defeat at the just-concluded governorship election. Coming at this point in time, the Justice Toyin Adegoke judgment has further exacerbated the deep divisions within the factions. Aside enflaming the leadership crisis and the struggle for control of party structure, the judgment have far-reaching implications.

For instance, the re-election of Senator Ovie Omo-Agege as well as the election of Francis Waive to the House of Representatives and three members to the Delta State House of Assembly may be in jeopardy, because they emerged as flag bearers from the primaries conducted by the sacked executive committee.

Also affected were the nominations of Great Ogboru, the governorship candidate; immediate past governor and senatorial candidate for Delta South, Dr. Emmanuel Uduaghan; Delta North senatorial candidate, Doris Uboh, among others.

Justice Toyin Adegoke declared the plaintiff, Cyril Ogodo, as the authentic chairman of the party. In suit number FA/ASA/CS/76/2018, the plaintiffs had sought 13 reliefs among which are a declaration that the Ogodo-led executive committee is the authentic state executive.

They also prayed the court to declare as null, void and of no effect any and every action purportedly taken, initiated or carried out by the fourth defendant, Jones Erue, as chairman of the APC (first 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.

The plaintiffs further prayed the court to declare the candidates that emerged from the primaries conducted by the Ogodo-led executive as the authentic list of candidates for the 2019 general elections.

The court in the judgment, granted all the reliefs sought by the plaintiffs. Counsel to the defendants, Dr. Okubor Nwachukwu, said the judgment will be tested at the Court of Appeal, expressing confidence that it will be upturned at the appellate court.

But, in a swift reaction, Senator Omo-Agege dismissed the court judgment, saying it lacks the jurisdiction to adjudicate on a matter being addressed by another court of equal jurisdiction.

Omo-Agege blasted the court judgment nullifying his nomination as the senatorial candidate of the APC, saying he was never a party to the suit and so remains the party’s validly nominated candidate.

In a statement signed by his media aide, Godwin Anuaghe, the senator said the APC primaries which produced Omo-Agege and other APC candidates was a consent judgment which has not been set aside by any court of competent jurisdiction.

The statement reads: “Today’s judgment by Justice Toyin Adegoke of the Federal High Court in Asaba may give joy to the plaintiffs and their supporters, but it is of no effect and does not alter the status quo.

“Senator Ovie Omo-Agege remains the senator-elect and Rev. Francis Waive remains the lawmaker-elect of the House of Representatives. First, the electoral college which elected Omo-Agege and Waive as APC candidates came into being by virtue of a consent judgment that has not been set aside. It is still a valid and subsisting judgment that has not been set aside by a superior court of competent jurisdiction. Therefore, their election into their respective positions remains valid.

“Secondly, there is no consequential order made by Justice Toyin Adegoke for the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Senator Omo-Agege and Rev. Waive and re-issue same to those parading themselves as the valid candidates for the general elections. Neither was there any order made against Omo-Agege and Waive, as they are not parties to the suit and as such are not bound by the said judgment.

“Thirdly, the court ,in its wisdom, held that the consent judgment is not binding on Cyril Ogodo and co. because they were not parties to that suit. It becomes trite that today’s judgment also cannot be binding on Senator Omo-Agege and Rev. Waive, because they were not joined as parties to this suit. Further to this, the court, therefore, cannot make any declaratory orders against them.

“Fourth, the National Working Committee (NWC) of the APC, under the directive of the National Executive Committee (NEC), is the only organ that is saddled with the responsibility of organising primaries to nominate and sponsor candidates for elections, and not one Mefor Progress, an individual, as Justice Toyin Adegoke wrongly held in her judgment.

“It is imperative to state that the consent judgment of the Federal High Court, Abuja, which validates the Jones Ode Erue-led exco, is a final judgment of court like any other judgment, it is valid until set aside by a court of competent jurisdiction.

“The Asaba Federal High Court lacks the jurisdiction to sit as an Appellate Court over a consent judgment delivered by a court of coordinate jurisdiction. Consequently, Prophet Jones Ode Erue and his executive remain the valid and authentic executives of Delta State APC.

“The judgment delivered by Justice Toyin Adegoke of the Federal High Court 1, Asaba, is therefore of no consequence.”

But, the court declared that the APC chairman, Chief Cyril Ogodo, in an interview, chided Senator Omo-Agege for distorting facts, saying the consent judgment was adequately addressed by the court.

His words: “What consent judgment?  Consent judgment with whom? You should have asked him the simple question, ‘with whom did he enter into a consent judgment?’ The issue of consent judgment was adequately addressed in the judgment. It is a nullity. That consent judgment died even before Adams Oshiomhole came to power. Omo-Agege is a lawyer and should know the truth. Apart from the 13 reliefs granted by the court, the court on its own granted eight other reliefs to the plaintiffs.”