But in a twist, former chairman of the party, Cletus Obun who is believably angered at his ouster, conducted another primary that produced Dr Mike Ogar as the flag-bearer of the party in Cross River. Ogar claims that Etta led executive is illegal, as the Court had on February3rd 2012, in a Suit No FHC/CA/12/CS/2012, issued an injunction that the status quo of Hon. Cletus Obun EXCO remained valid, and that no other person should carry out any activities in the name of the party until the matter was resolved.
According to him, Justice A.F.A Ademola of the Calabar Federal Court, ruled that “this is to inform you that the attachments order Ref. NoFHC/CA/CS/12/2012 of the Federal High Court Calabar, were issued to refrain the purported new chairman from conducting any form of activity in Cross River State in the name of Action Congress of Nigeria, until the determination of the matter before it.”
Ogar has maintained that Etta defied the court order by conducting the February 6th 2012 governorship primary election where Usani emerged the flag-bearer. He also argued that in a second injunction issued on February 3rd 2012, the Court maintained that the status quo be maintained pending the hearing of the motion on Notice dated 27th January 2012, adding that Etta and Usani should stop parading themselves as state chairman and governorship candidate of Action Congress of Nigeria.