A House of Representatives member (Dr.) Francis Ottah Agbo (PDP, Benue), has advised his opponent Barr. Aida Nath Ogwuche sacked by the Court of Appeal to stop parading herself as the PDP candidate for the Federal Constituency otherwise known as Enone
Agbo said the Barrister’s action amounted to the Court of Appeal while also advising her to stop misleading Nigerians with media propaganda and blackmail over the matter.
Both Agbo and Ogwuche had contested in the May 23rd, 2022 Peoples Democratic Party primaries for Ado/Okpokwu/ Ogbadibo Federal Constituency, Benue State in which the latter was declared the winner.
The Abuja division of the Court of Appeal, had on Thursday, January 12, 2023, in a unanimous judgement delivered by a three-member panel, invalidated the nomination of Barr. Ogwuche as the PDP candidate for Enone House of Representatives and ordered that a fresh Certificate of Return be issued Dr. Ottah Agbo, who came second at the May 23rd, 2022 PDP’s Primary Election, as the duly nominated candidate of the party!
Agbo who doubles as Chairman Narcotic Drugs Committee and Spokesman of the Minority Caucus in the House, has also cautioned Barr. Aida Ogwuche to stop parading herself as the PDP candidate for the Federal Constituency otherwise known as Enone,
The statement quoted section 66(1)(f) of the 1999 Constitution, as amended, the Electoral Act 2022 as amended and authorities of both the Appeal Court and the Supreme Court of Nigeria, that the three-member panel faulted Barr. Ogwuche for not resigning her appointment with Federal Inland Revenue Service (FIRS) as Civil Servant and concurrently as Principal Special Assistant to Benue State Governor, at least 30 days before the primary elections.
Agbo said in a dramatic twist, Barr. Ogwuche took to the media and boasted on Saturday, that she had filed a Notice of Appeal at the Supreme Court and Stay of Execution of the appellate court’s judgement 24 hours after the delivery of the verdict, stressing that she remains the valid candidate of the party as “status quo” would be maintained.
In a statement signed on Monday by the Director, Legal Services of the Dr. Francis Ottah Agbo’s Campaign Organisation, Barr. Godwin Eche Adole, the people of the Constituency were enjoined to disregard the media propaganda and join hands with the incumbent Parliamentarian who has since kick-started the machinery for winning the February 25 General Election for his party.
Agbo stressed that his opponents are desperate and would stop at nothing to deceive the public, and urged the people of Enone to discard Barr Ogwuche’s blackmail as a ranting of an ant!
The statement revealed that Agbo’s team of lawyers had applied and obtained a Certified True Copy of the Enrolled Order of Court on Friday, January 13, 2023 and the same was immediately served on INEC and PDP, to do the needful!
The statement reads: “Agbo wondered why Ogwuche would claim that her lawyers have filed a Stay of Court Order Execution at the Court of Appeal and a substantive appeal at the Supreme Court a day after the delivery of judgment in the two courts when in actual fact, all parties to the matter are yet to obtain the Certified True Copy (CTC) of the substantive judgement.
It is also pertinent for the public to note that there is a difference between a DECLARATIVE and EXECUTORY Orders/judgements.
“It is important for the public and particularly the mass media to note and verify the judgement delivered by the Court of Appeal, Abuja Division, last Thursday, January 12 was a DECLARATIVE Judgement with clear Consequential Orders and there is no judicial precedence in any court in Nigeria where their Lordships have ever granted a Stay of Execution Order on a DECLARATIVE verdict arising from a pre-election matter.
“There is nowhere in the world, including in the most rotten systems, that an Appeal or Stay of Execution Order would be filed without the CTC. Nature and indeed natural justice abhors vacuum and until there is a contrary judgement from the apex court, the incumbent remains the Candidate for the February 25 General election!
“Similarly, no court in Nigeria has ever granted a Stay of Execution Order on an EXECUTORY Order arising from a pre-election matter. Our case is a pre-election matter and the Appeal Court cannot do otherwise because pre-election matters are time bound!
“We also want to state categorically that our candidate, Hon. Ottah Agbo remains the legitimate and stainless Candidate of PDP for the Ado/Okpokwu/Ogbadibo Federal Constituency in the February 25, 2023 Presidential and National Assembly Elections, pursuant to the judgment of the Court of Appeal that sacked the blackmailer!
