The Federal High Court sitting in Warri on Tuesday upheld the candidacy of Sen. Ovie Omo-Agege and other All Progressive Congress (APC) candidates that emerged through the primaries supervised by the Independent National Electoral Commission (INEC) in Delta.
The presiding judge, Justice Emeka Ewite in his judgement struck out the suit filed by the applicant, Mr O’tega Emerhor challenging the validity of the primary that brought Omo-Agege.
Ewite struck out the suit on the ground of incompetence and lacking in merit, noting that senator Omo-Agege and Rev. Francis Waive, the winner of the Ughelli/ Udu Federal Constituency were necessary parties that ought to have been joined in the suit.
The judge further observed that Emerhor failed to deny the counter-affidavit filed by INEC, that it does not monitor the primary for which he purportedly emerged.
“Failure to deny the counter-affidavit is an admission which required no further proof that INEC only monitored the primaries in which Sen. Omo-Agege emerged. INEC is to supervise or monitor primary elections and not to conduct,” he said.
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Addressing newsmen shortly after the judgement, counsel to the APC, Mr Lucky Ajokperiniovo described the court verdict as a landmark for the party and all the candidates that emerged legitimately through the primaries.
He said, “It is a landmark judgment, the court has again reaffirmed the position of the Supreme Court to say that persons who are not joined as parties to a suit are not bind by the judgement given by that court. The court struck out the suit filed by Emerhor for incompetence and lack merit.
“The court says Omo-Agege’s primary elections remain the valid and legitimate primary election conducted by the National Working Committee (NWC)/of the APC. The consent judgement is a judgement of court that is valid and binding on all persons until it is set aside.
“This judgement has given the party huge relief in determining who is the senatorial candidate in the 2019 general election in Delta Central.”
Counsel representing INEC, Mr Robert Emukpoeruo said that the national electoral umpire was neutral and impartial.
“It is the statutory duty of the INEC to monitor primary elections and report those who won and their scores. The report by INEC show that Omo-Agege won the primaries conducted by the NWC.
On his part, Counsel to Emerhor, Mr GC Igbokwe, said, ” we are happy with the judgment.”
It will be recalled that sen. Omo-Agege who is the incumbent senator representing the Delta Central at the upper legislative chamber was re-elected in the recent National Assembly elections.
Francis Sadhere, Warri
