The Edozie Njoku-led All Progressive Grand Alliance (APGA) has petitioned the National Judicial Council (NJC) over a judgement delivered by Justice J.K Omotosho on the leadership crisis rocking the party.
Founder and chairman of Board of Trustees (BOT) of the party, Chief Chekwas Okorie, disclosed this at a press briefing in Enugu.
Okorie noted that Justice Omotosho of the Federal High Court, Abuja delivered a verdict on the leadership tussle in the party on November 20, 2024 when a similar case was still pending at the Supreme Court.
He added that in the judgement, the Justice ordered the Independent National Electoral Commission (INEC) to withdraw its recognition of Edozie Njoku as the national chairman of APGA and replace him with one Sly Ezeonwuka.
Going down memory lane, Okorie recalled that a five-man panel of justices of the Supreme Court delivered a unanimous judgement upholding Edozie Njoku as the national chairman of the party.
He said despite the judgement, INEC which was a party to the suit refused to obey the judgement, stating that the commission was however forced to recognise Edozie as chairman after a court order.
Okorie noted further that Justice Maguda convicted the chairman of INEC, Prof Yakubu Mahmood and a former factional national chairman of the party, Victor Oye for contempt of court but delayed the sentencing out of leniency to allow the contemnors the altitude to purge themselves of contempt.
He said it was unfortunate that while the Supreme Court was yet to deliver judgement on suit brought to it by Victor Oye and Mr. Sly Ezeonwuka, Justice Omotosho delivered a judgment on November 20, 2024.
“APGA has taken the civilized step of submitting the party’s petition to the NJC while patiently awaiting the judgement of the Supreme Court” he stated.
He expressed optimism that the NJC which is saddled with the responsibility to ensure that Judicial officers adhere to the ethics of their jobs will look into the petition.
Meanwhile, Nigerians who have been following the unwinding and protracted leadership trials in various Nigerian courts saw another dimension to the matter when Justice Omotosho delivered judgment on the APGA leadership dispute.
In his ruling, the judge accused 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 him with Mr Sly Ezeonwuka, the personal assistant of Governor Chukwuma Soludo, as the National Chairman of the Party.
Recall that on the 24th of March, 2023, a 5-man panel of the Justices 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.
INEC, which was a party to the suit, refused to obey the clear and unambiguous judgment of the Supreme Court.
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.
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.
In the course of trial, the court ruled on a motion and ordered that no party to the suit before it should conduct congresses, conventions, and primaries pending the determination of the suit.
Oye however proceeded to conduct a party convention in Awka, Anambra State where they elected one Mr Sly Ezeonwuka as APGA national chairman.
The Njoku-led 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.
On the 6th of June, 2023, Hon. Magudu of the FCT High Court 40, Bwari delivered a well considered judgment in favour of Chief Edozie Njoku and members of his National Working Committee as the authentic leadership of APGA in enforcement of the Supreme Court judgment.
On the 29th of November 2023, Hon. Justice Magudu convicted Prof Yakubu Mahmood and Chief Victor Oye for contempt of court but delayed sentencing out of leniency to allow the contemnors the latitude to purge themselves of contempt.
Chief Oye again 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 on contempt of court.
On the 26th of June, 2024, a 3-man Justices of the Court of Appeal resolved all the 10 grounds of appeal in favour of APGA under Chief Edozie Njoku as national chairman.
It was after unanimous judgment of the Court of Appeal that INEC finally complied with the Supreme Court judgment, which enforcement was affirmed by the Court of Appeal.
Chief Victor Oye and Mr. Sly Ezeonwuka continued to the Supreme Court to challenge the judgment of Court of Appeal.
On the 4th of November, a 5-man panel of Justices of the Supreme Court heard the suits and motion presented to it. The apex court reserved judgment on a date to be communicated to all parties.
Having all these details in place, Okorie described Justice Omotosho’s November 20th, 2024 ruling as a rebellious, damning judgment that is, according to him, tantamount to pre-empting the Supreme Court of Nigeria.
