Sen. Ovie Omo-Agege has said he remained the Senator-elect to represent the Delta Central Senatorial District in the 9th National Assembly.
The All Progressives Congress, APC, member, who is currently serving in the 8th Assembly maintained that his re-election victory in the Feb. 23 National Assembly poll remained valid and legitimate.
Recall that the Court of Appeal, Benin, had on March 29, upheld an earlier judgment delivered by the Asaba Federal High Court nullifing the Jones Erue-led APC state executive committee.
Omo-Agege and Rev. Francis Waive had earlier filed an application seeking the leave of court to join as parties to the appeal, on behalf of themselves and other candidates of the APC, against the judgment of the Asaba court.
Reacting to the Court of Appeal’s decision, Omo-Agege, through a statement by his Senior Special Assistant, Communications and Strategy, Godwin Anaughe, in Abuja on Saturday noted that it was instructive that the Court of Appeal ruling only struck out the application on the ground that they cannot appeal the judgment as individuals since they were both members of APC who can appeal the judgment on their behalf.
According to him, the APC has already filed an appeal against the judgment.
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He insisted that the Benin Appeal Court “has not and did not determine the appeal filed before it by the APC,” saying that the consent judgment delivered by Justice A.I. Chikere of the Abuja Federal High Court was still valid and subsisting and that “all the recent happenings in court have neither invalidated nor set aside the consent judgement. Therefore, the Prophet Jones Erue-led Exco remains the authentic and legitimate APC Executive Committee of Delta, so also are all the candidates of APC in the just-concluded 2019 General Elections.
Omo-Agege argued that it was settled law that a court cannot make a finding that will be prejudicial against a person that is neither before it nor a party to the case and cannot in the same vein grant a relief which will affect a person who is not a party in the suit.
He said:”In OKONKWO vs OKAGBUE (1994) 9 NWLR (PT 368) 301, the effect of Order(s) made against persons not joined as a party is that such order is a nullity and of no effect.
“This remains the position of the law as affirmed by the Supreme Court in plethora of cases, including but not limited to the case of OKONTA VS PHILIP.
“Therefore, the status of all the candidates of the APC in Delta for the 2019 General Elections remains valid and legitimate,” Omo-Agege argued.
