By Jonathan Elendu
The Supreme Court of Nigeria declared Edozie Njoku as National Chairman of APGA in its judgment of 14th, October 2021.
Justice M.A. Madugu of High Court 40 of FCT, Bwari, made this declaration in a judgment he delivered on June 6th, 2023.
In Suit no FCT/HC/CV/4068/2023 filed by Otunba Kamaru Lateef Ogidan and Alh. Rabiu Mustapha against Chief Victor Oye and Independent National Electoral Commission INEC, Justice Magudu reviewed submissions of counsel to the plaintiffs and Victor Oye, and dispensed with issues concerning Abuse of Court process and Jurisdictions before delivering his judgment.
INEC was not represented in court.
In his 33 page judgment, Justice Madugu declared:
“On the whole, judgment is hereby given as follows:
1. The act(s) of the Respondents refusing to obey and comply with subsisting judgments of the Supreme Court made on the 14th of October 2021 and corrected on the 24th, March, 2023 and duly served on them amounts to disobedience of the judgments and orders of the Supreme Court.
2. The actions of the 1st Respondent posing and parading himself and occupying the Party’s secretariat as the National chairman of APGA contrary to the judgment and order of the Supreme Court made on 14th October, 2021 and corrected on the 24th of March, 2023 is in disobedience and in clear violation of the Supreme Court.
3. An order of injunction is hereby granted restraining the 2nd Respondent whether by itself, agents, privies, assigns, authorised representatives or whosoever described from accepting, recognising and dealing with the 1st Respondent.
4. The Respondents must comply with the decision of the Supreme Court made on 14th October, 2021 and subsequently corrected on the 24th March, 2023, which was exhibited as Exhibit 1 and Exhibit 4(A&B) in the supporting affidavit of the Originating Summons which has also been served on them.
5. It is hereby declared that all actions taken or to be taken by the 1st Respondent (as the chairman of APGA) and the 2nd Respondent as regards to Congresses, Conventions, primaries, meetings or flags off campaigns of any kind whatsoever in disregard, and disobedience to the judgment of the Supreme Court, as attached as Exhibits 1 and Exhibit 4 in the affidavit in support of the Originating Summons made on the 14th of October and subsequently corrected on 24th of March, 2023 are unlawful, illegal, null, void and of no effect whatsoever.”
Justice M.A. Madugu for emphasis further declared as he concluded his judgment: “I must make it clear and unequivocal that the 1st Respondent, Chief Victor Oye has no locus to act or parade himself as chairman of APGA. This is evident from the judgment of the Supreme Court Exhibited in the plaintiffs affidavit delivered on the 24th of March, 2023. The excerpt from page 24 of the said judgment is hereby reproduced verbatim:
“It cannot seriously be disputed that the chairman allegedly suspended in Owerri, Imo state and who the 3rd Respondent sought to replace as Acting chairman in the suit he filed before the trial court, against the Appellant, Chief Jude Okeke and INEC was Edozie Njoku; ie, the Applicant. The name Chief Victor Oye; the 2nd Respondent, was not included or even mentioned in the case that was filed by the 3rd Respondent, either as a person or as the chairman of the 1st Respondent suspended or replaced at Owerri convention of 31st May, 2019. This is borne out by the questions raised and the reliefs sought by 3rd Respondent in the suit before trial Court, set out in the judgment of 14th October, 2021.”
On May 10th, 2023, Justice Madugu had restrained Victor Oye, INEC and their agents from holding meetings, gathering, state and national conventions and congresses.
Victor Oye on May 12th procured a judgment from an Awka High Court which empowered him to organise congresses between May 17th and 31st.
Justice Madugu also ruled that Edozie Njoku’s tenure started on June 7th, 2019.
