Justice Nnamdi Dimgba, in a ruling on Tuesday, in the suit by Victor Ochei, held that there were contentious facts in the suit that could not be resolved through mere affidavit evidence, but would require additional evidence.
It is Ochei’s contention that the delegates that voted at the Delta APC’s governorship primary of September 30 this year, which produced Ogboru as the party’s candidate, were illegal.
Ochei argued that the delegates were not those contained in “the list of delegates contemplated in the consent judgment entered on June 19, 2018 by Justice A. I. Chikere (also of the Federal High Court, Abuja) in suit No: FHC/ABJ/CS/509/2018 between Odjebobo Desire Onayefeme & another v. The National Chairman of the APC & another.”
Justice Dimgba, who partly upheld the preliminary objections filed by the APC and Ogboru (2nd and 3rd defendants), however rejected their requests to have this suit struck out on the grounds that it was wrongly commenced.
The judge converted the suit, initiated by way of originating, to writ of summons and directed parties to file and exchange pleadings before January 23 next year when the case would be heard again.