Court didn’t bar APC from sending Delta candidates’ list to INEC – Party
In a statement made available to
newsmen in Asaba on Wednesday by the legal adviser of the APC in Delta
State, E.V. Onojeghuo Esq, the party described the report as false and
lies cooked to deceive party faithful and cause disaffection in the
party and amongst members of the public.
Read the full statement below:
The attention of the All Progressives
Congress, Delta State has been drawn to the above-mentioned subject
currently being circulated in various social media platforms and news
outlets.
This case was instituted by one Chief
Cyril Ogodo who participated and lost the congresses to elect a new
executive committee. In his claims before the honourable court, he is
seeking amongst other things a declaration as the authentic State
Chairman of the Party and order restraining defendants from submitting
names of candidates to INEC.
On 16th October 2018, when the case
came up, the defendants informed the Court of their inability to file
responses to the Claimants application for injunction. After much
argument, the case adjourned to today the 17th of October for hearing.
In today’s proceedings, Counsel George
Onaho Esq for the 1st and 2nd defendants (APC and the National
Chairman) served their Counter affidavit and the Notice of preliminary
objection to the jurisdiction of the Court. The counsel for the
Claimants O.J. Oghenejakpor asked for a stand down to react to the
preliminary objection which was granted.
On resumption, counsel to the
Claimants served his reply to the preliminary objection on the counsel
for the 1st and 2nd defendants whereupon the counsel for the 1st and 2nd
defendants applied for an adjournment to file a reply on points of law
which was opposed to by O.J. Oghenejakpor who insisted on going on with
the motion for interlocutory injunction.
At this point, the honourable court
informed O.J. Oghenejakpor the counsel to the Claimants that the motion
for interlocutory injunction cannot be taken as the prayers in the
motion are substantially the same as the main reliefs in the substantive
suit. The court thereafter adjourned the matter to 1st and 2nd of
November 2018 for accelerated hearing of the substantive case and
preliminary objection to be taken together and the parties to maintain
status quo.
The implications of today’s proceedings are:
1. No Order restraining the defendants was made by the honourable court.
2. The status quo to be maintained
simply means that the State Executive Committee under the chairmanship
of Prophet Jones Ode Erue remains the authentic structures in the State.
3. It stands logic on the head to
assume that the Court has technically restrained the defendants by
asking parties to maintain status quo when the honourable court has
rightly observed that the motion for interlocutory injunction carries
the same reliefs as the substantive suit and even refused to entertain
the said motion.
4. The defendants are therefore at
liberty to carry out their constitutional duties as there are no legal
restraints imposed by the honourable court.
In the light of the above, we appeal
to all faithful members of our great Party to remain calm and not be
sway by social media pranks as the records of the Court are sacrosanct.
Signed
E.V. Onojeghuo Esq
APC State Legal Adviser
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