A Federal High Court sitting in Calabar, Cross River state has sacked the All Progressives Congress governorship candidate, Senator John Owan-Enoh and other candidates of the party currently recognised by the Independent National Electoral Commission.
Hon Justice Simon Amobeda in a two-hour judgment he delivered ordered that “INEC should only receive and accept the names and candidates for the 2019 elections that emerged from the lawful executive led by Godwin Etim John.”
The court also sacked the leadership of the party led by Mr. John Ochalla.
Justice Amodeba also ordered that persons parading themselves as the executive members of the APC in Cross River State should forthwith cease and that the lawful executive of APC in Cross River State is the one led by Godwin Etim John.
Speaking with newsmen shortly after the judgement, counsel to the claimants, Ayei Okpa said, “The judgment clearly is in support of the rule of law, as it also supports the yearning of the common man.
“INEC is to use and publish only the names that emerged from the lawful executive and not any other name that emerged from any other executive in Cross River State APC.”
But the Owan-Enoh Campaign Organisation has said in a statement signed by Dan Amor, the media spokesman that the purpoted judgement cannot stand. The statement read in full:
The Purported Federal High Court, Calabar Judgment On Cross River APC
The attention of the All Progressives Congress (APC) in Cross River State, has been drawn to a purported judgment delivered by the Federal High Court, Calabar, seeking to enforce an earlier controversial ruling of a Bwari, Abuja High Court that recognised the Etim John’s factional the state executive council of the party and directing the withdrawal of the candidates of the late state chairman, Dr. Matthew Achigbe, from state/federal assemblies to governorship, from the 2019 general elections, and wishes to state as follows:
1. That the Bwari, Abuja High Court ruling has since been appealed by the defendant in the Appeal Court in the Federal Capital Territory, Abuja pending hearing.
2. That the claimant, Pastor Usani Uguru Usani had sought an Abuja High Court sitting in Apo, FCT, to declare him the governorship candidate of the APC in our state and his case summarily dismissed by the court presided over by Justice Adeniyi on January 7, 2019 on the following grounds:
(a). Usani’s case was full of contradictory claims and forgeries.
(b). Usani’s affidavit in support of originating summons was unreliable.
(c). Usani was not found to be an aspirant and his case not justiciable in tandem with the laws of the country.
(d). That the Etim John’s supervised primary was illegal and contrary to the party’s constitution and guidelines for primaries.
3. That the primary which produced our candidates for the general election (from state assembly, National Assembly and governorship) was a Direct Primary conducted by the National Working Committee of the party as stipulated by the party’s constitution, as against the Etim John’s primary conducted by a state faction.
We therefore see the purported judgment reportedly delivered today by the Federal High Court sitting in Calabar as an unnecessary distraction which cannot stand in law. The judgement is either bought and promoted by Gov. Ben Ayade who is visibly frightened by the looming presence of Sen. John Owan Enoh in the governorship race in the state or is a fabrication. Or else, why would the Government House, Calabar issue a press release claiming and promoting what is practically unrealistic? Is Gov. Ayade a party to any candidature tussle with John Owan Enoh?
