A Federal Excessive Court docket in Abuja has restrained Chief Edozie Njoku from parading himself as All Progressives Grand Alliance, APGA.
Justice James Omotosho, in a judgment, held that there was no legitimate courtroom judgment or order, together with a judgment from the Supreme Court docket, that recognised Njoku as APGA nationwide chairman.
The Information Company of Nigeria studies that APGA and Mr Sylvester, SLY, Ezeokenwa, Nationwide Chairman, APGA, had, within the swimsuit marked: FHC/ABJ/CS/966/2024, filed the swimsuit as 1st and 2nd plaintiffs.
Within the originating summons filed on July 12, the plaintiffs sued the Impartial Nationwide Electoral Fee, INEC, and Chief Njoku as 1st and 2nd defendants.
They filed the swimsuit following the elimination of the names of Ezeokenwa, a authorized practitioner, and his govt officers from the INEC web site, and the alternative of similar by the names of Njoku-led management of APGA by the electoral umpire on July 9.
Delivering the judgment, Justice Omotosho held that INEC was incorrect to have recognised the Njoku-led management of the social gathering.
“There is no such thing as a subsisting courtroom order upon which it acted. The choice of the Supreme Court docket was clear as to who the nationwide chairman ought to be and it’s actually not Chief Edozie Njoku.
“Chief Victor Oye was actually recognised by legislation. Moreover, on the expiration of his (Oye’s) tenure in 2023, a nationwide conference was held on thirty first Could, 2023 in Awka, Anambra State which produced the 2nd Plaintiff (Ezeokenwa) and different individuals as nationwide executives.
“The first defendant (INEC) monitored similar and issued report (Exhibit APGA 1).
“There’s nothing earlier than this courtroom faulting the election of 2nd plaintiff and his govt crew because the rightful occupants of the nationwide govt of the social gathering.
“The Ist defendant should subsequently restore their names because the Nationwide Government Officers of All Progressives Grand Alliance social gathering,” he mentioned.
The choose held that the apex courtroom had settled the matter in case between Njoku and Oye on who the legitimate nationwide chairman of the social gathering was in swimsuit quantity: SC/CV/687/2021 dated March 24, 2023.
He held that the Supreme Court docket didn’t alter the substance of the judgment delivered on Oct. 14, 2021, “affirming the judgment of the Court docket of Enchantment which put aside the judgment of the Excessive Court docket of Jigawa and held that who ought to be the performing nationwide chairman of the social gathering is throughout the confines of the interior affairs of the social gathering which isn’t justiciable.”
Based on Omotosho, there’s clearly no order by the Supreme Court docket recognising Chief Edozie Njoku as chairman of the social gathering and it’s a marvel how the Ist defendant might have claimed that its motion was based mostly on a purported courtroom order.
The choose recalled that controversy over the correction of Njoku’s title within the Supreme Court docket judgment led to a recent spherical of litigation and one in all which was swimsuit quantity: FHC/ ABJ/CS/1750/2022 which judgment was delivered by him on March 28, 2023.He mentioned within the judgement, Oye was declared because the legitimate APGA chairman.
Justuce Omotosho held that within the judgment he delivered in March 2023, he had dominated that opposite to Njoku’s declare that the Supreme Court docket mistakenly put Oye’s title as a substitute of his title as social gathering’s chairman, “It’s obvious to this courtroom that the correction in title by the Supreme Court docket has no impact on the validity of the judgment that confirmed Chief Victor Oye as nationwide nhairman of the social gathering.”
He mentioned that the judgment was affirmed by the Court docket of Enchantment in enchantment quantity: CA/ABJ/CV/454/2023.
Moreover, the choose, within the open courtroom, learn a letter written by the Registrar of Supreme Court docket to the impact that the correction made on the title of plaintiff in an enchantment that arose from Jigawa State Excessive Court docket didn’t accord recognition to Njoku because the nationwide chairman of APGA.
He mentioned the Supreme Court docket had dominated that the matter was not justiciable and the enchantment was dismissed.
“All the choices of courts as outlined above are settled and present that Chief Edozie Njoku is/was not the genuine chairman of the social gathering.“The courts have constantly discovered that Chief Victor Oye was the legitimate chairman.
“The 2nd plaintiff (Ezeokenwa) who succeeded Chief Victor Oye as chairman of the social gathering additionally follows that for the reason that basis of his election as chairman is legitimate by legislation, his election as chairman of the social gathering can’t be faulted.
“In closing evaluation, the plaintiffs have established their claims and entitlement to their reliefs,” he mentioned.
Justice Omotosho, subsequently, made an order setting apart July 9 INEC’s publication, recognising the names of Njoku and his group as nationwide govt officers of APGA, describing it as u constitutional, null and void.
He additionally made an order of necessary injunction, compelling the fee to revert to the established order ante bellum as at July 8, by publishing Ezeokenwa’s and his group’s names as legitimate govt officers of APGA.
NAN
