Court Throws Out Ozegbe's Case Against Osanebi
The Federal high court seating in Asaba today has struck out the petition filed by Mr. Emeke Ozegbe, challenging the emergence and authenticity of the candidature of Rt. Hon. Friday Ossai Osanebi, in the last PDP House of Assembly primary election in Ndokwa East.
In his application, Mr. Emeke Ozegbe had earlier challenged INEC, PDP and Friday Osanebi, seeking the court to declare him winner of the 29th November, 2014 PDP primaries prior to the April 2011 general election to the delta state house of assembly.
Ozegbe alleged in his suit that the third defendant ( Rt. Hon. Friday Osanebi), is not from Ndokwa East and as such the court should declare him winner of the primary election, saying Osanebi was from Ndokwa West.
In his judgement, the federal high court judge, said that there's no law which states that a candidate for an election must hail from a particular local government before he or she can qualify to contest any election.
He further revealed in his judgement that identification as to local government to contest an election is not known to law, with respect to contesting assembly elections, accordingly he dismissed the case of the claimant, Emeke Ozegbe with cost, for his inability to prove his case, describing it as frivolous and worthless.
Quoting relevant sections of the constitution of the federal republic of Nigeria and the PDP constitution and election bye laws, the court maintained that there was no section or portion of the law that disqualified the 3rd defendant- Friday Osanebi, from contesting his party primaries.
In his reaction shortly after the judgement, counsel to Rt. Hon. Friday Osanebi, Ikechukwu Kubosu, (Esq.), said : " I thank the court for a well articulated and sound judgement, delivered"
Calling on Ozegbe to join hands in building a more peaceful and united Ndokwa land, Osanebi thanked God for the victory, describing it as a triumph of light over darkness.