The Appeal Court sitting in Benin has struck out a joinder appeal filed by the governorship candidate of the APC in Delta State, Great Ogboru, challenging the Federal High Court judgment of March 18, 2019.
The Appeal Court while striking out Ogboru’s appeal as a joinder said; “the appeal has been overtaken by events and has become a mere academic exercise.”
The Court said the 180 days set out for the trial court to hear the case has expired,” adding that even if the appeal succeeds, there is no way the case can go back to the trial court for a fresh hearing.
“This appeal is being time-bound, filed out of time and a mere academic exercise, therefore, is struck out.”
The Court also held that the application was a move by Ogboru to arrest the judgement after sleeping over his right.
Ogboru had approached the Appeal Court, challenging the Federal High Court, Asaba, which nullified the list of candidates that emanated from the Prophet Jones Erue-led Executive of the All Progressives Congress, APC in Delta State including that of Chief Great Ogboru and the APC Delta Central Senator, Ovie Omo-Agege.
Great Ogboru applied to be joined in a suit before the Asaba Federal High Court 1, which sacked the Prophet Erue executive which produced Chief Ogboru and Omo-Agege when the court had adjourned for judgement and Justice Toyin Adegoke refused his application.
Barr James Oghenejakpor, Counsel to Olorogun O’tega Emerhor disclosed that three Courts had passed judgments on the nullification of Chief Ogboru and Omo-Agege’s candidacy.
“Asaba FHC judgement on March 18th by Justice Adegoke annulled the list of candidates that include Ogboru, Omo-Agege. The Asaba FHC judgement by Justice Dimgba on April 4th affirmed the annulment.”
He said the Warri FHC judgement of April 2 struck out the suit by Emerhor and Niboro against INEC and APC for not joining Omo-Agege.
The Court found that APC’s assertion that Omo-Agege was a candidate that emerged from a primary monitored by INEC was incontrovertible and the court accepted the argument that Omo-Agege ought to be made a party to the suit.
The Judge, therefore, struck the case out for failure to join Omo-Agege as a party to the suit.