The federal High Court sitting in Warri, Delta State has struck out the suit challenging the candidacy of Senator Ovie Omo Agege as the All Progressives Congress Senatorial Candidate for Delta Central in the February 23 election .
In his judgment, Justice Ewite stated that the suit did not allow for fair hearing.
He also noted that Senator Omo-Agege who won the 23rd of February Delta Central Senatorial District election and Rev. Francis Waive, the winner of the and Ughelli/ Udu Federal Constituency were parties who ought to have been joined to the suit.
The Judge further observed that Mr Emerhor failed to deny the counter-affidavit filed by INEC, that it did not monitor the primary election for which he purportedly emerged.
Counsel to the All Progressives Congress , Lucky Ajokperiniovo described the judgment as a welcome development. Also, counsel representing INEC, Robert Emukpoeruo said that the electoral umpire maintained impartiality in the case.
The court also declined to determine the contention with respect to the authentic Delegates to vote in the Delta State APC Primaries as well as the valid APC candidates for 2019,because it’s has already secured a judgment in its sister court in favour of Cyril Ogodo, Otega Emerhor and Others.
Counsel to Emerhor, GC Igbokwe did not agree with the interpretation of INEC’s lawyer.
The federal High Court,Asaba headed by Justice Toyin Adegboke had on 18th of March declared the candidates that emerged from the primaries conducted by the Ogodo/ Emerhor-led executive as the authentic APC candidates for the 2019 general election.