Legal Facts And Implications On The Court Order Relating To APC Congresses

The facts of the case A/145/2021: Elvis Ayomanor & Ors v APC &  Ors currently pending before the Delta State High Court sitting in Asaba presided over by Hon. Justice Onome Marshal-Umukoro are that the Claimants/Applicants filed an originating summons on the 19th August, 2021 seeking several reliefs and injunctive orders against the defendants.

By their Ex-parte Application dated 18/8/21 and filed on the 19/8/21, the Claimants/ Applicants prays the honourable court for an interim order. Of particular importance and for the purposes of clarity, is the prayers in relief 5 and the alternative relief to wit:

“An order of interim injunction of this honourable court restraining the 2nd – 14th defendants/respondents from further acting or parading themselves as members of the Caretaker/Extraordinary Convention Planning Committee(CECPC) of the 1st defendant, pending the hearing and determination of the motion on notice already filed and served in this suit

ALTERNATIVELY

An order of interim injunction of this honourable court restraining the 2nd – 14th defendants/respondents from conducting the local government and state congresses slated for 4th September 2021 or any other date and any other congresses of the 1st defendant in Delta State, pending the hearing and determination of the motion on notice already filed and served”.

In delivering its ruling on the ex-parte application, the Honourable Court held thus:

“This court has looked at the motion Ex-Parte dated 18th/8/2021 and filed 19th/8/2021seeking the reliefs as set out on the face of the motion paper. This court has also looked at the supporting affidavit along with exhibits attached as well as the written address containing legal arguments in support of the prayers sought. Reliefs 1, 2, 3 and 4 have to do with issues of service of processes on all parties in this suit. Relief 5, 6 and 7 are injunctive reliefs being sought in the interim. The affidavits in support contain sufficient grounds for the grant of the reliefs being sought. Reliefs 1, 2, 3, 4 and alternative prayer 5 of the motion Ex-Parte are hereby granted. Alternative prayer 5 is granted only in relation to the 15th defendant. In compliance with order 39 Rule 7(3) of the Extant Civil Procedure Rules of this court, this order of injunction granted shall abate after 7 days. It shall not operate ad infinitum. This matter stands adjourned to 7th September,  2021 by 10.00 a.m on agreement of counsel”.

From the ruling of the Honourable Court and the alternative relief 5, is very clear and unambiguous that the order of the Honourable Court relates only to the 15th defendant(Prophet Jones Ode Erue) in relation to the conduct of the local government and state congresses in Delta State. There is no order of the Honourable Court restraining the 2nd – 14th Defendants/Respondents from conducting the local government and state congresses in Delta State.

For the avoidance of doubt, the 15th defendant, Prophet Jones Ode Erue who is the State Chairman of the Party in Delta State, does not have the authority to conduct local government and state congresses, as that responsibility resides exclusively with the Chairman and members of the Caretaker/Extraordinary Convention Planning Committee (CECPC) that is constitutionally mandated to carry out such exercise and not the 15th Defendant.

Quite strangely enough, the Honourable Court granted an order not sought for. That is, the Court granted the alternative relief 5 against the 15th Defendant which was never sought by the claimants/applicants as can be seen above. There are a plethora of judicial authorities on the lack of jurisdiction of a Court in granting reliefs not asked for by a party in a case. There is no where in the main or alternative relief 5, where the 15th Defendant was listed as amongst those to be affected by the interim injunction prayed for by the claimants.

Furthermore, it is imperative that the erroneous and mischievous interpretations of the ruling of the Honourable Court be laid to rest in order to put a halt to peddlers of fake news media. There was never a time, the Honourable Court made an order restraining the 15th Defendant from parading himself as State Chairman of the Party in Delta State. Relief 6 which dealt with the prayers of the claimants to restrain the 15th Defendant from parading himself as State Chairman was never granted by the Honourable Court.

In conclusion, the following salient points can easily be deduced, namely;

1. There is no order of the Delta State High Court sitting at Asaba presided over by Hon. Justice Onome Marshal-Umukoro restraining the 2nd -14th Defendants/Respondents, who are constitutionally mandated to carry out such exercise on behalf of the 1st defendant (the All Progressives Congress), from conducting local government congresses nationwide, Delta State, inclusive.

2. There is no order of the Honourable Court restraining the 2nd-14th Defendants/Respondents from parading themselves as members of the Caretaker/Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress.

3. There is no order of the Delta State High Court restraining the 15th Defendant from parading himself as State Chairman of the Party in Delta State.

It does not behoves on desperate litigants to mischievously engaged in twisting the clear orders of court for the purposes of hoodwinking members of the general public for selfish parochial interests.

APC, Take Over!!!

E.V. Onojeghuo, Esq

State Legal Adviser

APC Delta State

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