Ogboru not
known to law as APC governorship candidate--- Oghenesivbe.
..Says
the nullification of Jones Erue's faction primaries results is enough ground to
quash the petition.
By success Ebahor
The embattled and
sacked governorship candidate of the All Progressives Congress (APC), in Delta
State, Great Ovedje Ogboru lacks "locus standi" at the Delta State
Governorship Election Tribunal due to the subsisting court orders contained in
the ruling of Justice Toyin Adegoke of the Federal High Court Asaba; and upheld
in the Victor Ochei matter by Justice Nnamdi Dimkpa, which nullified the 2019
primaries and election victory of candidates produced by the Jones Erue faction
of the party.
A lawyer and 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 on
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 having 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 is 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 non-existent 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.
" The law is now
very clear and explicit 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
has been returned elected in Delta State, Senator Dr Ifeanyi Arthur Okowa, won
the election with overwhelming result because of his visionary leadership,
prudent management of state financial resources, open door policy, transparency
in governance, accountability; quality health Programmed 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.
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