17 December 2018
Chief Okoi Obono-Obla a legal luminary, chieftain of the All Progressives Congress APC in Cross River State as well as the Special Adviser to the President of the Federal Republic of Nigeria on Prosecution has said that since the 13th December ruling by a federal high court in Abuja did not include INEC and John Owan-Enoh, the ruling only affects the leadership of the party, not the gubernatorial candidate of the party. He made this remarks today some few hours ago. Excerpt:
'I gathered that some people were jubilant over the Judgment of the High Court of the Federal Capital Territory, Abuja presided over by Honourable Justice O.A Musa dated 13th December 2018 concerning the leadership tussle in the Cross River State APC because they erroneously thought that it has resulted in the change of the Governorship candidate of the Party in the State!
'How can a Judgment concerning leadership tussle translate into a change in the Governorship candidate of the Party? Who are the Plaintiffs in the case?
'The answer to that question must certainly be in the negative. It is mere wishful thinking for anybody to think that a case that the Governorship candidate of APC in Cross River State-Senator John Owan-Enoh was not a Defendant or Party would result to him losing his candidature!
'It is mere wishful thinking for anybody to think that a case which the Independent National Electoral Commission, INEC was not a Defendant or Party would result the Court ordering INEC to remove the name of Senator John Owan-Enoh and replace him with their dream candidate!
'The Law does not operate in such a sinister, capricious and whimsical manner. So, those who were jubilant were exciting themselves over nothing.
'The kernel of that case is a leadership tussle in Cross River State APC. Ward, Local Government Areas and State Congresses were held in May 2018. The faction of Etim John held its own congress and elected Etim John as its Chairman.
'However, when Comrade Adams Oshiomole became National APC, the National Working Committee, NWC set aside the purported State Congress which Etim John emerged State Chairman of his faction of APC.
'The NWC also recognized the result of the Wards and Local Government Area Congresses of those who are loyal to Senator John Owan Enoh and Ntufam Hiliard Eta, National Vice Chairman, South/South.
'This led some members of Etim John faction namely Sylvester Okpo, Mrs Eugenia Takon and Charles Asu to filed a representative action in the High Court of the Federal Capital Territory, Abuja challenging the decision of the National Working Committee to set aside the State Congress and also recognizing Ward delegates and Local Govrernment Areas Executives of the Party loyal to Senator John Owan-Enoh and Ntufam Hiliard Eta respectively.
'In the suit they said they were suing for themselves and on behalf of all the Executive and Delegates at the Cross River State Ward, Local Government & State Congresses held on the 5th, 12th & 19th May 2018.
'The only beneficiaries of the judgment can only be those who were Plaintiffs and those whom they were representing in the case. No more no less.
'However, since a Notice of Appeal has been filed against the judgment, the Plaintiffs and other beneficiaries cannot take any benefit from it till the appeal is heard and determined.
'The judgment does not therefore affect Senator John Owan Enoh, the Governorship candidate of the APC in the forthcoming governorship election. It does also not affect all the candidates of the Party in the State running for the National and State Assemblies in the forthcoming election.
'In law, only Parties in a case can take benefit of the Judgment therefrom save in a case that has to do with property in which many others have interest.
The highlighted sections of the above paragraphs by Okoi Obono-Obla a legal luminary and chieftain of the All Progressives Congress APC in the State and country is mine, that's the editor's; it also suggests the purported aspect of the simplification of the ruling of 13th December.
For Obono-Obla, the ruling only affects the leadership of the party, not the gubernatorial candidate of the party especially when INEC and John Owan-Enoh was not included in the litigation.
Is the Blogger-in-Chief, Editor-in-Chief & Publisher of NEGROIDHAVEN