Alex Enumah in Abuja
The Chairman of the Independent National Electoral Commission (INEC), Prof Mahmoud Yakubu, and erstwhile factional leader of the party, Chief Victor Oye, risk jail terms If they continue to disobey a court order which declared Chief Edozie Njoku as the National Chairman of the All Progressives Grand Alliance (APGA).
According to Njoku, going by an order of court which started counting from November 9, Yakubu and Oye have just 14 days to recognise Njoku as APGA’s National Chairman or be jailed for contempt of court.
Speaking over the weekend in Abuja, on the committal charge against INEC boss and Oye, Njoku and members of the National Working Committee of APGA cautioned Yakubu and Oye, not to treat with levity, the 14-day grace given to them by the Judge to obey the order of the court made on May 10, 2023, or be jailed.
Justice Madugu had on May 10, ordered INEC and Oye to maintain “status quo antebellum” pending the determination of a suit in respect of APGA leadership tussle.
“For the avoidance of doubt and for the purpose of clarity, parties herein whether by themselves, agents, privies, assigns, authorised representatives or whosoever acting on their behalf are restrained from holding the planned congresses, national convention or any other meetings or gatherings in whatever name called of All Progressives Grand Alliance (APGA) pending the hearing of notice of preliminary objection filed on May 9, 2023 by the 1st defendant/applicant,” Justice Madugu had ordered.
The suit marked FCT/ HC/CV/4068/2023, was filed against Oye and the INEC chairman by the National Vice Chairman, South-West Zone of APGA, Kamaru Ogidan and the National Welfare Officer of APGA, Alhaji Rabiu Mustapha, two APGA National Working Committee members who emerged at the APGA Owerri Convention of May 31, 2019, under the leadership of the National Chairman of APGA, Chief Edozie Njoku.
Upon the determination of the suit, the court on June 6, ordered INEC Chairman and Oye to obey the judgment of the Supreme Court which had declared Njoku as the National Chairman of APGA.
Njoku and his party explained that it was the June 6, judgment, the court had asked the INEC Chairman and Oye to obey.
Njoku told journalist that, “It was Justice Madugu’s view that the issue before him was basically to enforce the said judgment of the Supreme Court delivered on October 14, 2021 and corrected on March 24, 2023 pursuant to Section 287 of the 1999 Constitution (as amended).”
In enforcing the Supreme Court judgement, Justice Madugu had held that, “The act(s) of the Respondents refusing to obey and comply wth the subsisting judgments of the Supreme Court made on October 14, 2021 and corrected on March 24, 2023 and duly served on them amounts to disobedience of the judgments and orders of the Supreme Court.
“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 October 14, 2021 and corrected on March 24, 2023 is in disobedience and in clear violation of the judgments of the Supreme Court.
“An order of injunction is hereby granted restraining the 2nd Respondent (INEC), whether by itself, agents, privies, assigns, authorised representatives or whosoever described from accepting, recognising and dealing with the 1st Respondent.
“The Respondents must comply with the decision of the Supreme Court made on October 14, 2021 and subsequently corrected on March 24, 2023.
“The court had also declared that all the actions taken or to be taken by Oye, as the Chairman of APGA and the INEC as regards to congresses, conventions, primaries, meetings or flags off campaign of any kind whatsoever in disregard and disobedience to the Judgment of the Supreme Court, made on October 14, 2021 and subsequently corrected on March 24, 2023, are unlawful, illegal, null, void and of no effect whatsoever.
“Before I wind up, I must make it clear and unequivocal that the 1st Respondent, Chief Victor Ike Oye has no locus to act or parade himself as the Chairman of APGA.
“This is evident from the judgment of the Supreme Court exhibited in the plaintiff’s affidavit, delivered on March 24, 2023” Justice Madugu held.
In view of the above unambiguous wordings of the judgment of June 6, which had given force to the Supreme Court decision of October 14, 2021 and subsequently corrected of March 24, 2023, Njoku wondered why it has become so difficult for INEC and Oye to obey valid court orders.
Njoku, expressed dismay that even with the position of the Supreme Court on the matter, yet some media organizations still turned blind eyes to judicial pronouncements on the issue, to the effect that he is the authentic National Chairman of APGA.
