OrderPaperToday – An Appeal Court sitting in Benin has affirmed the candidacy of Senator Omo-Agege and 43 other candidates of the Jones Erue led Executive of Delta State chapter of the All Progressives Congress (APC).
The affirmation followed an appeal filed by the All Progressives Congress, against the judgment of Asaba Federal High Court which on March 18, declared Cyril Ogodo-led faction as the elected executives of the party.
The court in a unanimous judgment read by Justice Mohammed Shaibu, held that the lower court lacked jurisdiction to entertain the suit as it bordered on intra-party matter.
The appellate court also held that respondents’ non-compliance with section 97 of the Sheriff and Civil Process Act breached was a fundamental breach of the law, adding that statutory provision of service writ of summons was not complied with, as the writ was not endorsed.
Besides, the court further held that failure of the respondents to file their suit within 14 days of the act complained of (pre-election) extinguished their rights and therefore lack locus standi to contest the primary they did not participate in.