Cyril Ogodo, a factional chairman of the All Progressives Congress (APC) in Delta State, has made good his threat to file contempt proceedings charge against the National Chairman of the party, Adams Oshiomhole.
The former Edo governor is accused of allegedly submitting a list of candidates from the state despite a court order.
The faction filed Form 48 Notice of Consequence of Disobedience of
order of court before the Federal High Court in Abuja against
Oshiomhole, the chairman of the Independent National Electoral
Commission (INEC), Prof Mahmood Yakubu and factional APC chairman, Jones
Erue.
The action, which was filed by Mike Ozekhome (SAN), followed
Oshiomhole’s alleged disobedience of an order for status quo by Justice
T. B. Adegoke of the Asaba Division of the Federal High Court on October
17.
The Ogodo-led executive claimed that its primaries produced Prof Pat
Utomi and Olorogun O’tega Emerhor as governorship and senatorial
candidates respectively, while Erue’s executive conducted another
primary, which produced Chief Great Ogboru and Senator Ovie Omo-Agege as
governorship and senatorial candidates respectively.
Ozekhome argued that the Supreme Court decisions in a number of cases
including Labour Party v Independent National Electoral Commission
(2009) and Gwarzo V Mohammed & Anor (2012), stresses the need to
obey the order of court.
Meanwhile, no date has been fixed for hearing.
The faction had in a statement signed by Fred Olokor Esq., said
mischievous interpretation was being given to an order made on the 17th
of October, 2018 by Honourable Justice Toyin Adegoke of the Federal High
Court, sitting in Asaba in the suit brought by Cyril Ogodo & 2 ors
Vs. Adams Oshiomhole, APC & Ors that all parties maintain status quo
pending the hearing and determination of the substantive suit.
It read: “At the resumed hearing of the case, Counsel to the
Plaintiffs (O. J. Oghenejakpor, Esq.) who had filed a Motion on Notice
to restrain 1st and 2nd Defendants (i.e APC and Oshiomhole) from
submitting any list of candidates from Delta State to INEC other than
the list of candidates that emerged from the Cyril Ogodo led executive’s
primaries, which was duly served on all the Defendants, urged the Court
to hear the motion on notice. But because the Defendants served counsel
to the Plaintiffs their processes which included preliminary objections
in court on the 17th of October, 2018 the motion was not moved.
“In a bid to diligently prosecute the case, the plaintiffs’ counsel
applied for a stand down for a few hours to respond to the preliminary
objections filed by the Defendants and served in court. The stand down
was granted.
“And before the resumption of hearing after the stand down, the
Plaintiffs’ counsel was able to file his response to the preliminary
objections and was ready to argue the said preliminary objections and
the substantive application. However, because the Defendants main aim in
court was to stall the hearing of the case, they vehemently argued that
they were not ready to respond on points of law orally. They insisted
on filing a reply and applied for an adjournment of the case.
“When it was clear that the Defendants counsel’s intention was to
stall the hearing of the case, the Plaintiff Counsel called upon the
court to preserve the res in the matter which is to restrain the APC
from submitting any list of candidates from Delta State to INEC for the
2019 general elections except candidates that emerged from the Cyril
Ogodo anchored primaries.
“The court then inquired from the Counsel to the Independent National
Electoral Commission (INEC) if any list of candidates had been
submitted to INEC as at 17th of October, 2018. The INEC counsel
confirmed to court that no list of candidates for Delta State have been
submitted to INEC yet.
“At this point the Honourable Judge ordered that all parties should
maintain status quo. The clear meaning and intent of the status quo,
therefore, is to preserve the res by ensuring that no list of candidates
is submitted to INEC until the determination of the substantive matter.
“This was why the judge ordered for accelerated hearing and fixed
November 1st and 2nd 2018 for the hearing and determination of the case.
“It is therefore pedestrian and mischievous for anyone to suggest or
argue that the Federal High Court in Asaba did not restrain APC from
submitting any list of candidates for Delta State to INEC.”