The faction of the All
Progressives Congress, APC led by Chief Cyril Ogodo in Delta State, has
threatened to initiate contempt proceeding against the National Chairman of the
party, Comrade Adams Oshiomhole.
The party faction warned that
anyone who violated the order of the Federal High Court, sitting at Asaba for
parties to maintain status quo pending the hearing and determination of the
substantive suit before it by the Ogodo led executive will face the law.
The threat was made in reaction
to comments by the legal adviser of the Jones Erue led executive, E.V.
Onojeghuo that no order restraining the APC and its chairman (Oshiomhole) was
made by the court.
The statement was signed by Fred
Olokor Esq., and made available to reporters in Asaba, the state capital.
It said, “Let it be known that
anyone who violates the clear orders made on the 17th of October, 2018 stands
the risk of having contempt proceedings initiated against them.
“Our attention has been drawn to
the erroneous and mischievous interpretation being given to the clear and
unambiguous 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.
“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.
“The counsel to the 1st and 2nd
Defendants (APC and the APC National Chairman) was in court and clearly
understood what the order meant. Counsel will thus be unduly exposing his
clients to the risk of contempt proceedings if he allows them to be misled by
the mischievous interpretation of the Prophet Jones factional Legal Adviser as
is being circulated in the media.”
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