(SINL NIGERIA) A Federal High Court 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 valid court judgment or order, including a judgment from the Supreme Court, that recognised Njoku as APGA national chairman.
The News Agency of Nigeria (NAN) reports that APGA and Mr Sylvester (SLY) Ezeokenwa (National Chairman, APGA) had, in the suit marked: FHC/ABJ/CS/966/2024, filed the suit as 1st and 2nd plaintiffs.
In the originating summons filed on July 12, the plaintiffs sued the Independent National Electoral Commission (INEC) and Chief Njoku as 1st and 2nd defendants.
They filed the suit following the removal of the names of Ezeokenwa, a legal practitioner, and his executive officers from the INEC website, and the replacement of same by the names of Njoku-led leadership of APGA by the electoral umpire on July 9.
Delivering the judgment, Justice Omotosho held that INEC was wrong to have recognised the Njoku-led leadership of the party.
“There is no subsisting court order upon which it acted. The decision of the Supreme Court was clear as to who the national chairman should be and it is certainly not Chief Edozie Njoku.
“Chief Victor Oye was in fact recognised by law. Furthermore, at the expiration of his (Oye’s) tenure in 2023, a national convention was held on 31st May, 2023 in Awka, Anambra State which produced the 2nd Plaintiff (Ezeokenwa) and other persons as national executives.
“The 1st defendant (INEC) monitored same and issued report (Exhibit APGA 1).
“There is nothing before this court faulting the election of 2nd plaintiff and his executive team as the rightful occupants of the national executive of the party.
“The Ist defendant must therefore restore their names as the National Executive Officers of All Progressives Grand Alliance party,” he said.
The judge held that the apex court had settled the matter in case between Njoku and Oye on who the valid national chairman of the party was in suit number: SC/CV/687/2021 dated March 24, 2023.
He held that the Supreme Court did not alter the substance of the judgment delivered on Oct. 14, 2021, “affirming the judgment of the Court of Appeal which set aside the judgment of the High Court of Jigawa and held that who should be the acting national chairman of the party is within the confines of the internal affairs of the party which is not justiciable.”
According to Omotosho, there is clearly no order by the Supreme Court recognising Chief Edozie Njoku as chairman of the party and it is a wonder how the Ist defendant could have claimed that its action was based on a purported court order.
The judge recalled that controversy over the correction of Njoku’s name in the Supreme Court judgment led to a fresh round of litigation and one of which was suit number: FHC/ ABJ/CS/1750/2022 which judgment was delivered by him on March 28, 2023.
He said in the judgement, Oye was declared as the valid APGA chairman.
Justice Omotosho held that in the judgment he delivered in March 2023, he had ruled that contrary to Njoku’s claim that the Supreme Court mistakenly put Oye’s name instead of his name as party’s chairman, “It is apparent to this court that the correction in name by the Supreme Court has no effect on the validity of the judgment that confirmed Chief Victor Oye as national chairman of the party.”
He said that the judgment was affirmed by the Court of Appeal in appeal number: CA/ABJ/CV/454/2023.
Besides, the judge, in the open court, read a letter written by the Registrar of Supreme Court to the effect that the correction made on the name of plaintiff in an appeal that arose from Jigawa State High Court did not accord recognition to Njoku as the national chairman of APGA.
He said the Supreme Court had ruled that the matter was not justiciable and the appeal was dismissed.
“All the decisions of courts as outlined above are settled and show that Chief Edozie Njoku is/was not the authentic chairman of the party.
“The courts have consistently found that Chief Victor Oye was the valid chairman.
“The 2nd plaintiff (Ezeokenwa) who succeeded Chief Victor Oye as chairman of the party also follows that since the foundation of his election as chairman is valid by law, his election as chairman of the party cannot be faulted.
“In final analysis, the plaintiffs have established their claims and entitlement to their reliefs,” he said.
Justice Omotosho, therefore, made an order setting aside July 9 INEC’s publication, recognising the names of Njoku and his group as national executive officers of APGA, describing it as u constitutional, null and void.
He also made an order of mandatory injunction, compelling the commission to revert to the status quo ante bellum as at July 8, by publishing Ezeokenwa’s and his group’s names as valid executive officers of APGA.
