APPEAL COURT’S DISMISSAL: Senator Omo-Agege reacts

Senator Ovie Omo-Agege

By Eseoghene Emuke

Following Friday’s Court of Appeal ruling which dismissed Senator Ovie Omo-Agege’s leave of court to be joined in challenging the judgement of the Federal High Court, Asaba which nullified his election, the lawmaker has appealed for calm among his supporters.

Omo-Agege, who spoke with WARRI TODAY on shortly after the judgement, said he approached the court to be joined in the case to enable him ventilate his grievances at the Appeal Court since he was negatively affected in the Asaba court’s judgement.

The three-man panel led by Honourable Justice Philomena Mbua Ekpe had dismissed the senator’s application and another one filed by House of Representative-elect, Rev. Francis Ejirooghene Waive for lacking merit.

He stressed that the consent judgement which produced the Prophet Jones Erue-led faction of the Delta State chapter of the All Progressives Congress (APC) where he emerged as candidate of the party had not been challenged by the Chief Cyril Ogodo-led faction.

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The lawmaker stated that ruling of the Court of Appeal is in agreement with his long-held position that since he was not a party to the Asaba judgement case; he was not bound by the said judgement.

Omo-Agege urged his supporters to remain calm as he remains the senator-elect pending when an appeal is launched to vacate the consent judgement where he emerged as the validly nominated candidate of the APC.

“There is no cause for alarm over the Court of Appealing ruling. I remain the senator-elect. I was validly nominated by the virtue of the consent judgement. The ruling of today (Friday) rejecting my leave of court as interested party also validate my position”, he said.

According to him, “We went to court seeking leave to be joined as interested party to the case without prejudice to APC and INEC appealing. I also wanted leave to be allowed to be joined as interested party but the court refused my application on the ground that I am not an interested party in the case which favours my case that not being an interested party.

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“I am not bound by the Asaba court judgement because I was never joined. The Federal High Court attempted to make pronouncements that affected rights of people who were not before the court. We went to the Appeal Court to be joined as parties so that we can ventilate our grievances but the court said no, we cannot be joined because we are not interested parties.  

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“Of course not being interested parties, we are not bound by the judgement and if we are not before the court, the court cannot make an order that impact negatively on us. So far, we have two judgements, but our case is founded on the consent judgement of the Federal High Court, Abuja. That judgement has not been set aside.

“That judgement recognized our exco which is the Electoral College that produced us as candidates. It is only a court of appeal that can set aside our electoral college but they have not challenged that decision.  Asaba Federal High Court cannot sit against an Abuja Federal High Court because they are of the same level.

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“When you are not joined in a case the law is very clear, you are not bound by its decision. I am very much on solid ground. I won my election based on the consent judgement in Abuja, and that judgement has not been set aside. Our people should remain steadfast.


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