2019 GUBER ELECTION: Ogboru is not a candidate – Court Rules

….I will reclaim my stolen mandate, Ogboru assures Deltans

… You have no locus Standi to challenge my victory, Okowa tells Ogboru

By Shedrack Onitsha,

These are not the best of time for Chief Great Ogboru, the governorship candidate of the All Progressives Congress (APC) in the 2019 general elections following the judgement by a Federal High Court sitting in Asaba which nullified the Delta State APC Governorship Primaries where he emerged as the party’s candidate.

The Court also reaffirmed the judgement of Honourable Justice Toyin Adegoke of the Federal High Court, Asaba, which had earlier nullified the candidacies of the Prophet Jones Erue-led faction of the state chapter of the APC including that of embattled APC Senator, Obarisi Ovie Omo-Agege.

In spite of the judgement, the ‘Peoples’ General’ as Ogboru is fondly called, has filed a petition before the State Election Petitions Tribunal sitting in Asaba challenging the declaration of Governor Ifeanyi Okowa as winner of thee March 9 Governorship Election in the state.

The APC candidate assured Deltans that he will reclaim his alleged stolen mandate as he prayed the tribunal to upturn the outcome of the election in his favour.

ALSO READ:http://advocateng.com/2019/04/21/atiku-says-he-was-born-by-nigerian-parents-from-sokoto-jigawa/

But Governor Okowa who contested the election on the platform of the Peoples Democratic Party (PDP) has responded swiftly to Ogboru’s threat, saying that the former governorship candidate of Labour Party lacks locus standi to challenge his victory at the electoral tribunal.

However, Justice Dimgba  while delivering his judgement last Thursday in a suit marked FHC/ABJ/CS/1085/ 2018, filed by Barr Victor Ochei, a former Speaker of the State House of Assembly, and APC governorship aspirant, nullified the party’s governorship primaries held on September 30, 2018 over acts of illegality.

Ochei, had through his counsel, Ahmed Rahi (SAN), prayed the court to void the APC governorship primary election that produced Ogboru as the exercise was characterised with illegality including using unknown delegates for the primaries.

Justice Dimgba ordered the cancellation of the APC governorship primaries that produced Chief Great Ogboru, and granted four of the five reliefs sought by the plaintiff.

ALSO READ:http://advocateng.com/2019/04/22/gun-duel-leaves-2-robbery-suspects-dead-one-escape-in-delta/

He said four of the five reliefs sought by the plaintiff succeed while relief 4 was not granted due to the effusion of time.

He said, “All the reliefs sought in this suit are similar with those for which Justice Adegoke pronounced judgement on, so reliefs 1,2,3,5 hereby granted. However, relief 4 is refused because the governorship election is over and the relief is spent.”

In arriving at the judgement, Justice Dimgba said the Federal High Court has one jurisdiction and as such cannot be seen giving discordant judgement, adding that “having considered the decisions reached by the Federal High Court in the case of Cyril Ogodo, which has similar reliefs, and the fact that some of the defendants in this suit are the same, the court has decided to follow the decisions arrived at in the Ogodo case”.

I’ll reclaim my mandate in court, Ogboru assures Deltans

Meanwhile, the APC governorship candidate in the March 9th, 2019 election, Chief Ogboru, two days before the judgement, assured Deltans of reclaiming his stolen mandate, saying that the injustice done to his party (APC) will certainly be reversed.

The businessman cum politician gave the assurance at his Abraka country-home in Ethiope East local government area of Delta state, on why he was challenging the victory of Govenor Okowa.

He commended Deltans who came out en masse to vote massively for him and all the candidates of the APC in the state.

Ogboru said, “Fellow Deltans, I want to salute all of you for the massive support you gave to me and our great party, the APC. Unfortunately, as we all have seen, the ruling party in the state was not prepared for the election and they made it impossible for the franchise of the people, the mandate of the people to be properly declared.

“I promised you a few weeks ago that we shall be in the proper arena to address the issues. We have since the past few days filed our petitions to challenge the illegalities committed by the PDP and its leaders in Delta state on the 9th of March 2019 and we believe that God being on our side, that situation will surely be reversed.

“Let me use this opportunity to tell all Deltans that hope is not lost, they should not entertain any form of fear but they should be in fervent prayers because with God all things are possible. This is one injustice that we think will not stand. And by the Grace of God, it will not stand.

“Deltans must begin to search their conscience and begin to ask themselves questions. A situation were a few communities in the riverine areas continue to determine the fate of the people of Delta state is one that should begin to make us know that something is not right in this state.

“I also want to use this opportunity to appeal to the leaders of those communities in particular; that they should rise up to the challenge of social responsible; knowing that they are living the in a committee of ethnic nationality and that this can no longer continue.

On this tribunal case, Ogboru said, “With God, all things are possible. The situation was not different when court ruled in our favour and removed former governor Uduaghan from office temporarily, with this massive rigging and the manner in which it was done, attracted attention from outside this state and I believe even God himself must be very angry.

“Delta belongs to us and not just for one person. So people cannot at will with impunity decide to plunder the state and take laws into their hands. I wish to commend the Ijaws, Istekiris, Urhobos, Isokos, Ndokwas and Aniomas for their support and urged them to keep hope alive.

“Ogboru lacks locus standi to challenge my victory at tribunal”

However, Governor Ifeanyi Okowa has said that since Toyin Adegoke and Justice Nnamdi Dimkpa of the Federal High Court Asaba had nullified the 2019 primaries of the Jones Erue faction of the APC, Chief Ogboru lacks the locus standi to challenge his victory at the electoral tribunal.

The Executive Assistant on Communications to the Governor of Delta State, Dr Fred Latimore Oghenesivbe, in his legal opinion contained in a statement made available to newsmen in Asaba said, “as it is today, Ogboru is not known to law as the 2019 governorship candidate of APC in the State, pointing out that the doors of the tribunal must be shut against the petitioner and all other candidates presented for elective positions by Erue’s faction.

He noted that to have a “cause of action” the legal rights must exist and the petitioner must establish that he or she is directly affected by the results declared by the Independent National Electoral Commission (INEC) so as to enjoy the legal principle of fair hearing.

Gov Okowa’s EA Communications and Fellow of the Civilian Institute of Democratic Administration (FCIDA), further posited that Ogboru stand to be treated as a “political leper and candidate not known to law” by the election tribunal and reasonably deserves nothing but outright denial of right of fair hearing.

Oghenesivbe further asserted that the Court haven nullified the 2019 Erue faction primaries and Ogboru being the sacked governorship candidate of APC in Delta State, as contained in the ruling of Justice Toyin Adegoke and upheld by Justice Nnamdi Dimkpa in the Victor Ochei matter, one of the legal consequences is that the petitioner can no longer refer to himself as the 2019 governorship candidate of APC in Delta State.

“It’s laughable for Ogboru to file petition at the tribunal challenging the results of the election after a court of competent jurisdiction nullified his candidacy occasioned by illegal primaries which was conducted by a nonexistent Erue party exco as clearly stated in the ruling of my Lord, Justice Adegoke.

“Ogboru’s candidacy is not known to law based on the Court subsisting orders declaring the Cyril Ogodo faction as the legitimate and authentic state exco of APC in Delta State, and subsequently declared the election victory of all candidates presented by Erue faction for the 2019 general elections NULL and VOID and of no effects whatsoever.

“It is the law that Ogboru lacks locus standi to file a petition referring to himself or APC referring to him as the 2019 governorship candidate of APC in Delta State, because the court orders contained in the judgment are valid and subsisting since no appeal has been filed, heard  and determined in the matter.

“The governor who was returned elected in Delta State, Senator Dr Ifeanyi Arthur Okowa, won the election overwhelming as a result of his visionary leadership, prudent management of state financial resources, open door policy, transparency in governance, accountability; quality health programmes and policies backed by social insurance scheme, substantial and sustainable jobs and wealth creation, sports infrastructure development, giant strides in the education sector, improved inflow of Foreign Direct Investments, massive roads infrastructure like never before, to mention but a few,” Oghenesivbe added.