By Jonathan Elendu
The Chairman, BOT of APGA, Dr. Chekwas Okorie has said that the implication of last week’s judgment on the Party’s leadership crises by Justice Kayode Omotosho of the Federal High Court is that the National Judicial Council is on trial.
Addressing journalists earlier today in Enugu, Okorie narrated the long litigation history that led to Justice Omotosho’s bizarre judgment of 20th November which was described by a retired Appeal Court judge as the “very definition of judicial rascality and foolishness.
He said, “Concerned Nigerians who have been following the unwinding and protracted leadership trials in various Nigerian courts were taken aback when Hon. Justice J.K. Omotosho of the Federal High Court, Abuja, delivered a damning and audacious judgment on the APGA leadership dispute on Wednesday, 20th November 2024, indicted the Independent National Electoral Commission, INEC, of meddling in the internal affairs of APGA and ordered the Commission to withdraw its recognition of Chief Edozie Njoku as the National Chairman of APGA and replace same with one Mr. Sly Ezeonwuka, the personal assistant to Governor Chukwuma Soludo as the National Chairman of APGA.
Let me put the latest APGA leadership dispute in perspective to enable the discerning public to appreciate the impunity, recklessness, and rascality of Justice Omotosho’s provocative pronouncements in the hallowed chambers of the Temple of Justice.
1. On the 24th of March, 2023, a 5-man panel of the Supreme Court delivered a final unanimous judgment upholding Chief Edozie Njoku as the National Chairman of the Party. The apex court unequivocally affirmed that the purported removal of Chief Edozie Njoku by the High Court of Birnin Kudu in Jigawa State was not justiciable, referring to a plethora of Supreme Court authorities.
2. Surprisingly, INEC, which was a party to the suit, refused to obey the clear and unambiguous judgment of the Supreme Court.
3. After several official communications to INEC, which included a direct service of the enrolled order of the judgment by the Chief Bailiff of the Supreme Court, the Commission remained adamant.
4. Two members of the National Working Committee of APGA approached the FCT High Court 40, Bwari to seek the enforcement of the Supreme Court judgment as provided by the 1999 constitution of the Federation Republic of Nigeria as amended, that any court of record below has the mandate to enforce the judgment of the Supreme Court in the event of non compliance by any of the parties to the Supreme Court judgment.
5. In the course of the trial, the court ruled on a motion and order that no party to suit before it should conduct congresses, convention, and primary pending the determination of the suit.
6. True to character Chief Victor Oye in defiance of the court order proceeded to conduct a convention of the Party at the behest of Governor Chukwuma Soludo at Awka in Anambra State where the claimed to have elected Mr Sly Ezeonwuka as National Chairman of APGA.
7. The authentic APGA promptly filed forms 48 and 49 to commit Chief Victor Oye and Prof Yakubu Mahmood, the Chairman of INEC, to the Correctional Center for contempt of court order.
8. On the 6th of June, 2023, Hon. Magudu of the FCT High Court 40 Bwari delivered a well considered judgment in favor of Chief Edozie Njoku and members of his National Working Committee as the authentic leadership of APGA in enforcement of the Supreme Court judgment.
9. On the 29th of November, convicted Prof Yakubu Mahmood and Chief Victor Oye for contempt of court but delayed sentencing them out of leniency to allow them the contemnors the latitude to purge themselves of contempt.
10. Chief Oye defied the court and proceeded to the Court of Appeal to challenge both the judgment on the substantive matter of the enforcement of the Supreme Court judgment and the judgment of the contempt of court. Chief Oye formulated 4 grounds of appeal on his conviction for contempt of court and 6 grounds of appeal on the enforcement of the S
Supreme Court.
11. On the 26th of June, 2024, a 3-man Justices of the Court of Appeal resolved all the 10 grounds of appeal in favor of APGA under Chief Edozie Njoku as National Chairman.
12. It was at after this resounding unanimous judgment of the Court of Appeal that INEC finally complied the Supreme Court judgment, which enforcement was affirmed by the Court of Appeal. Concerned members of APGA and the general public heaved a sigh relief in the belief that peace had finally returned to APGA.
13. Chief Victor Oye and Mr. Sly Ezeonwuka continued to the Supreme Court to challenge the judgment of the Court of Appeal. On the 4th of November, a 5-man panel of the Justices of the Supreme Court heard the multiple suits and motions. The apex court reserved judgment on a date to be communicated to all parties.
14. It was at this point that Hon. Justice J.K. Omotosho, who had in his records all the processes narrated in this address, marched into his court on the 20th of November, 2024, with rebellious audacity delivered a damning judgment that is tantamount to preempting the Supreme Court of Nigeria. Justice Omotosho, in a scathing remark, indicted INEC for meddling in the internal affairs of APGA when all that the Commission did was to comply with the affirmation of the judgment of the Supreme Court as enforced by the Trial Court.
15. Prof Mahmood must be guided not to fall for the Justice Omotosho’s coercion and intimidation.
16. APGA has taken the civilized step of submitting the Party’s petition to the NJC while patiently awaiting the judgment of the Supreme Court without being cowered in the least by the vaunting of Gov. Chukwuma Soludo and his agent provocateur who claims to have the connection to steer the course of justice in all circumstances and at all levels in Nigeria.”
