by Alex Enumah in Abuja
An aggrieved member of the All Progressives Congress (APC) in Delta State has asked the Federal High Court, Abuja, to order the Independent National Electoral Commission (INEC) not to accept the nomination of Senator Ovie Omo-Agege, nor field him as a candidate to run in the office of Senate of the Federal Republic of Nigeria in the 2019 general election.
The plaintiff, Orakata Oviri, in addition, is asking the court for another order restraining his party, the APC, from clearing and fielding Omo-Agege as a candidate to run for the office of Senate of the Federal Republic of Nigeria on the grounds that he is not qualified and fit to run for the office of senator representing Delta Central Senatorial District of Delta State under the platform of the 1st defendant.
The defendants in the originating summons dated and filed September 24, 2018, include the APC and INEC.
The plaintiff in the suit marked FHC/ABJ/CS/1046/2018, and filed by his lawyer Oghenevo Otemu is asking the court to determine, “Whether the 1st defendant can validly clear Senator Ovie Omo-Agege to contest the primary elections under the platform of the 1st defendant for the office of senator of the Federal Republic of Nigeria to represent Delta Central Senatorial District of Delta State.
“Whether the 2nd defendant can accept the nomination of Senator Ovie Omo-Agege to run for the 2019 general election for office of senator of the Federal Republic of Nigeria, to represent Delta Central Senatorial District of Delta State under the platform of the 1st defendant.”
If the answers to the above questions are answered in the negative, the plaintiff therefore prays the court for the following orders and/or reliefs:
“A declaration that the 1st defendant cannot validly clear Senator Ovie Omo-Agege as aspirant to contest the primary elections under the platform of the 1st defendant to run for the office of senator of the Federal Republic of Nigeria, to represent Delta Central Senatorial District of Delta State.
“A declaration that the 2nd defendant cannot accept the nomination of Senator Ovie Omo-Agege as candidate to run for the 2019 general election for office of senator of the Federal Republic of Nigeria, to represent Delta Central Senatorial District of Delta State under the platform of the 1st defendant.
“An order of perpetual injunction restraining the 1st defendant from clearing and fielding Senator Ovie Omo-Agege as candidate to run for the 2019 general election for office of senator of the Federal Republic of Nigeria, to represent Delta Central Senatorial District of Delta State under the platform of the 1st defendant.
“An order of perpetual injunction restraining the 2nd defendant from accepting the nomination Senator Ovie Omo-Agege and fielding him as candidate to run for the 2019 general election for office of senator of the Federal Republic of Nigeria to represent Delta Central Senatorial District of Delta State under the platform of the 1st defendant.”
The originating summons which was supported by a four-paragraph affidavit deposed to by one Summaiyya Mohammed, averred that Senator Omo-Agege, who is also known as Augustine Ovie Omo-Agege, was called to the state Bar of California, United State of America but had his licence suspended and barred as a result of his conviction in the California in the United State of America.
“That the status of Senator Ovie Omo-Agege also known as Augustine Ovie Omo-Agege’s licence is contained in the following website htt ://members.ca|bar.ca.oov/fal/Lioensee/Detail/162185.
The deponent added that a copy of the internet print out of the Augustine Ovie Omo-Agege’s licence status and the certificate of compliance in line with Section 84 of the Evidence Act are attached and marked as exhibit C D respectively.
Mohammed insisted that from the content of Augustine Ovie Omo-Agege’s licence status, Senator Ovie Omo-Agege also known as Augustine Ovie Omo-Agege is not qualified and fit to run or contest for the office of senator representing Delta Central Senatorial District of Delta State under the platform of the 1st defendant.
“That Senator Ovie Omo-Agege also known as Augustine Ovie OmoAgege is not qualified to be cleared by the 1st defendant and accepted by 2nd defendant to run as aspirant and candidate for the office of Senator representing Delta Central Senatorial District of Delta State under the platform of the 1st defendant.
No date has been fixed for hearing of the suit.
