Indications have emerged that Victor Oye, factional leader of the All Progressives Grand Alliance (APGA), may have to answer for contempt charges.
The charges are being pressed by Mike Ajara and Panam Ntui, lawyers to Otunba Kamaru Lateef Ogidan, national vice chairman south-west of APGA and Mustapha Rabiu, national welfare officer of APGA) under the Edozie Njoku led APGA.
At the federal capital territory (FCT) court in Bwari on Thursday, Onyechi Ikpeazu, SAN and counsel to Oye said they have filed a notice of appeal for the appellate court to strike out the Originating Summons for lack of jurisdiction.
While presenting his evidence of interlocutory appeal, Ikpeazu prayed Mohammed Madugu, the presiding judge, to defer to the appeal court and wait for the superior court to decide on the matter.
He backed his request before the court with previous judgments and authorities.
However, Mike Ajara countered him, informing the court that the business of the day was for the court to attend to the preliminary objection of Oye’s counsel.
He sought the leave of the court to argue his further affidavit on contempt charges. He told the court that the two matters can go on simultaneously.
As the Judge took record of his arguments, Ajara narrated how Oye, his assigns and privies have violated the court order and made a mockery of the sanctity and reverence accorded the court.
Going further, he faulted Ikpeazu’s Appeal process and referred to it as a ‘purported’ appeal, because Oye’s Counsel had not formally applied to the Court for the remittance of Court records to the Appeal Court.
To buttress his point, Ajara availed the Court a copy of the letter from the Office of the Chief Registrar of the FCT Court, Apo (Appeal Section) which denied ‘receiving any application for compilation and transmission of Record of Proceedings in Suit No: FCT/HC/CV/4068/2023’ to support his assertion.
From the point of law, if such an application is submitted, due process demands that if after 45 days, without compliance, Oye can approach the Appeal Court for any relief whatsoever.
Consequently, Ajara told the Court that the Notice of Appeal was designed to derail and stampede the Court. He reminded the Court that C.I. Mbaeri who represented Oye agreed with the Court’s decision of May 10, 2023, that Parties, their assigns or Privies should not hold meetings, Congresses or Convention of any sort pending the hearing of the substantive matter.
Ajara said despite the agreement by the Counsel to the Parties, Oye went ahead to disparage and desecrate the Order of the Court.
Citing extant authorities to buttress his point, he prayed the Court to continue with the business of the day, so that afterwards, Onyechi Ikpeazu will have ample materials to proceed on Appeal.
Recall that Contempt Proceedings on Oye had been filed and served on May 22, 2023. This has dire implications for Oye and on the Ward, Local Government and State Congresses which have been organized by Oye and his men.
It is most probable that Oye may have found himself in the same ditch he was in 2019, wherein he organised congresses and conventions that were against a Court Order.
The Independent National Electoral Commission INEC, which is a party to the suit was not represented in Court today by a counsel. INEC has already flouted the supreme court judgement of March 24th, 2023 which expunged Oye’s name as the chairman whose removal was deemed not justiceable and replaced Oye’s name with Edozie Njoku as chairman. INEC, in a direct affront to the supreme court continues to relate and recognise Victor Oye as the chairman of APGA.
The Judge reserved the ruling on the issue of jurisdiction for June 2, 2023.
