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Thursday, 1 November 2018

Court Adjourns Delta APC Suit till Oct 13 ...As plaintiffs' counsel alleges attempt by defence to scuttle case


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A Federal High Court in Asaba, Delta State, on Thursday adjourned till October 13, 2018, hearing in the suit involving two factions of the All Progressives Congress (APC) in the state.

The trial judge, Justice Toy in Adegoke, announced the new date for the hearing of the case following apparent delay in serving counsel to the applicants the necessary papers to enable them prepare in time for the case when it came up yesterday.


This as the plaintiffs' counsel accused the defence of attempting to scuttle the trial by allegedly prompting delay in the service of the other party.

It was at the hearing of the suit restraining the APC National Working Committee (NWC) from submitting the list of the state APC candidates for the 2019 general election to the Independent National Electoral Commission (INEC).

The  state APC factional Chairman, Cyril Ogodo, had approached the Federal High Court in Asaba seeking to restraining the APC and its National Chairman, Adams Oshiomhole, from submitting the list of candidates from Jones Erue faction to INEC.

Specifically, counsel to the state APC factional chairman, O.J Oghenejakpor, accused the defence team of attempting to truncate the trial. He told the court that the bailiff told him that the defence team prevailed regarding the delayed service of the necessary court papers on the plaintiffs.

Nevertheless, Justice Adegoke, in her ruling, held that both parties maintain status quo till the substantive suit is heard. She adjourned to November 13 for continuation of the hearing.

On October 17, 2018, the court ordered maintenance of status quo ante belum in respect of the case between the Delta State APC factional groups over which is the authentic list of candidates for the different positions in the 2019, stating that no candidate’s lists should be sent to INEC until hearing of the substantive suit.

The high court sitting in Asaba, the Delta State capital, had retrained the NWC of the APC from submitting the list of all party candidates for the 2019 election from the state to the INEC.

In a ruling by Justice Adegoke, Oshiomhole, who was joined in the suit as the second respondent with APC as first respondent; INEC and Jones Erue as the third and fourth respondents respectively and the plaintiff were ordered to maintain status quo and desist from submitting any list of candidates from the two factions in Delta State to INEC till the substantive suit was heard.

 It will be noted that the Chief Cyril Ogodo-led State Working Committee (SWC) and others had instituted an interlocutory injunction restraining APC and Oshiomhole from submitting the list of candidates from Erue faction to INEC.

 According to Justice Adegoke, since pre-election matters require accelerated hearings, she made the following orders that “this matter shall be given an accelerated hearing owing to fact that it is a pre- election matter. All defendants are to take note of the tendencies of this suit.

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