Despite the Supreme and Federal High Courts’ judgements recognizing Chief Edozie Njoku as Chairman of the All Progressives Grand Alliance, Chairman of the Independent National Electoral Commission, Prof Mahmood Yakubu, has refused to do same, even at the risk of being sent to jail, writes Alex Enumah
Only recently, precisely November, 2023, the Court of Appeal in Abuja, while delivering judgment in an appeal in the Bauchi State House of Assembly election came down heavily on the Independent National Electoral Commissioner (INEC), for being partisan in the same election they conducted.
In the lead judgment delivered by Justice K. I. Amadi, the appellate court described as embarrassing the fact that INEC could appear before it to act in favour of a party in an election dispute, by disowning documents that it not only issued, but also duly certified.
The appellate court lamented that the electoral body has continued to “dance naked in the market,” even though it was meant to assume a neutral stand in election litigations.
“The INEC as an institution should be reminded of its role in an election; to be an unbiased umpire between parties.
“It should stop behaving irresponsibly, having in mind that its duty to conduct election has a direct bearing on peace and well-being of the country.
“The role of INEC in election dispute should be limited to the tendering of all the documents used in an election and explaining what they were used for and how they were obtained.
“INEC should stop dancing naked in the market, pretending that no one is seeing its nakedness and its dancing steps,” the court warned.
As punitive measure, the appellate court then slammed a N500, 000 cost against INEC.
Unfortunately, INEC has continued to act as if it is a lord on its own disregarding courts’ decisions and orders, including judgments of the Supreme Court, the final court of the land.
Nothing can be so amusing as to discover that nearly a year after the apex court clarified on who is the chairman of the All Progressives Grand Alliance (APGA), INEC and its Chairman, Prof Mahmood Yakubu, have not only continued to disregard the judgment of the apex court, but is currently at the Court of Appeal, to argue why he should not be sent to prison for disobeying valid orders of courts of competent jurisdiction.
This action of INEC does not only smack disregard for the rule of law and respect for the courts, but portrays INEC as a bad loser, assuming that the commission and Yakubu were a factional leader of the All Progressives Grand Alliance.
As far back as October 14, 2021, the apex court has resolved the issue of the authentic leadership of APGA, but INEC which was supposed to be non-partisan had since “jumped into the arena” taking side against Njoku.
When berated against its refusal to abide by the decision of the apex court, INEC through its then Information and Voter Education Committee Chairman, Mr Festus Okoye, explained that “the suit in question started from the Jigawa State High Court, initiated by one Alhaji Rabiu Garba Aliyu against Chief Jude Okeke and three others. Chief Edozie Njoku was not a party to the suit.
“One of the reliefs sought is a ‘Declaration that the national officers of the All Progressives Grand Alliance, including the Plaintiff, who were elected at its national convention held in Owerri, Imo State on May 31, 2019 shall remain in office and discharge their respective duties for a term of four years commencing from 31st May 2021’.”
Okoye stated further that, “On June 30, 2021, the Jigawa State High Court in suit No: JDU/022/2021 entered judgment in favour of the said Alhaji Rabiu Garba Aliyu. On appeal, the Court of Appeal described the suit as an abuse of the court process.
“Consequently, the entire proceedings of the Jigawa State High Court in suit No. JDU/022/2021, delivered by Musa Ubale J on June 30, 2021 and the judgment delivered thereon were accordingly set aside.
“The Supreme Court in its judgment of October 14, 2021 affirmed the decision of the Court of Appeal”.
But what Okoye and INEC did not say or would not accept was the fact that the October 14, 2021 judgment was to the effect that parties should “maintain status quo” prior to the offending suit filed by Alhaji Rabiu Garba Aliyu.
Also, the electoral umpire, did not say that the apex court, on the decision of who should be the acting chairman upon the alleged suspension of the party’s chairman, Chief Edozie Njoku, held that such matters are within the internal affairs of the parties and as such, the matter is not justiciable.
“Thus, this court is cloaked with the jurisdiction to restore the parties to the position they ought to have been prior to the offending action”, Justice Ibrahim Saulawa had held.
Like Justice Mohammed Madugu questioned in his judgment of June 6, 2023, “what was the status quo prior to the offending suit instituted at the Jigawa State High Court referred to by the Supreme Court “.
Recall that Aliyu had approached the Jigawa State High Court to be declared acting chairman of APGA instead of Chief Jude Okeke.
INEC progressing further in error claimed that Njoku, who was never a party to any of the suits and the processes filed in the various courts approached the Supreme Court of Nigeria as an interested person/applicant and filed a ‘Motion on Notice’ seeking for an order of the court to correct “typographical errors and accidental slip” in the lead judgement of the Supreme Court.
“This was granted and the correction did not in any way affect the substance of the suit and the orders made by the Supreme Court”. By this INEC is claiming to have a better knowledge and understanding of the law than the justices of the apex court, who accepted and corrected the “typographical errors and accidental slip”.
Little wonder the Commission further declined to obey Justice Madugu’s order restraining it from “accepting, recognizing and dealing with the first respondent (Chief Victor Ike Oye).
“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. The excerpt from page 24 of the said judgment is hereby reproduced in verbatim:
“It cannot seriously be disputed that the chairman allegedly suspended at Owerri, Imo State and who the 3rd Respondent sought to replace as Acting Chairman in the suit he filed before the trial court, against the Appellant, Chief Jude Okeke and INEC, was Edozie Njoku; ie. the Applicant. The name of Chief Victor Oye; the 2nd Respondent, was not included or even mentioned in the case that was filed by the 3rd Respondent, either as a person or as the Chairman of the Ist Respondent suspended or replaced at the Owerri Convention of May 31, 2019. This is borne out by the questions raised and the reliefs sought by the 3rd Respondent in the suit before trial court, set out in the judgment of October 14, 2021”.
Although INEC would at the slightest opportunity say, “The Commission is a law-abiding institution and will continue to accord the requisite respect to judicial institutions and obey the orders of court”, but with what the Commission is doing, it is very much in doubt if the electoral umpire and Yakubu are ready to abide by decisions of the courts, including that of the apex court.
Yakubu has remain adamant despite the threat of beong sent to jail. Speaking through his Chief Press Secretary, Mr Rotimi Oyekanmi, the INEC boss said he is not guilty of contempt of court for failure to recognize Njoku as APGA National Chairman. He was reacting to call on Yakubu to obey orders of courts by a former APGA National Chairman, Chief Chekwas Okorie.
“This is a matter involving the leadership of APGA of which Okorie is not involved at all, but for reasons best known to him, he presented a twisted narrative to justify his unwarranted attack on the person of the Chairman of INEC.
“Unfamiliar with the facts, he claimed that “neither Yakubu nor INEC has appealed against the judgment that found him guilty of contempt.
”If Okorie had been diligent, he would have availed himself of the record of proceedings of the Court of Appeal (CA/ABJ/CV/724/2023) before making his spurious allegations.
“Nobody can be said to be in contempt of an Order of a lower Court when the matter is before a superior Court and therefore subjudice. Okorie should be cautious in making malicious allegations of this nature,” Oyekanmi had said.
Be that as it may, one begins to wonder and ask; which is easier, to simply recognize Njoku as APGA’s National Chairman or to spend scarce resources of the Commission in needless litigations?
What does Yakubu aim to achieve from his appeal at the appellate court? Why is it so difficult for Yakubu to obey the orders of courts by simply recognizing Njoku, is there a vested interest Yakubu is protecting? Is Yakubu waiting for the apex court to also order him to purge himself of contempt before he would do what is right?
Recall that the Supreme Court had on March 24, 2023, in a suit marked SC/687/21, affirmed Chief Njoku, as the Chairman of APGA.
The apex court pronouncement followed an application by Chief Njoku, wherein he sought the regularization of the amended judgment of Justice Mary Peter Odili delivered on May 9, 2022.
Njoku’s motion followed a letter of the Supreme Court to him on January 19, 2023, wherein the Court had addressed him as the National Chairman of APGA and advised him to approach the Court by way of a motion to correct the typographical slip.
The accidental slip which was corrected by the Supreme Court, restored Njoku as the actual National Chairman of APGA, that was wrongfully removed by a Jigawa High Court in Suit No: JDU/022/2021 between Alhaji Garba Aliyu and Chief Jude Okeke & 2 Others.
In a lead Judgment, Justice Garba Lawal held that it was Chief Njoku that was wrongly removed at Jigawa without being joined as a party, and held that his application was meritorious and consequently granted same as prayed.
Flowing from the apex court judgment, two National officers of APGA, Otumba Camaru Ogidan and Alhaji Rabiu Mustapha, had approached a High Court of the Federal Capital Territory, Bwari to enforce the judgement of the Supreme Court due to INEC’s refusal to recognize Chief Njoku.
Again, the trial judge, Mohammed Madugu in a judgment on June 6, 2023, ordered INEC and Chief Victor Oye to obey the court order by recognizing Chief Njoku as APGA National Chairman.
On November 9, 2023, Justice Madugu held that Prof Yakubu and Oye were in contempt of court by refusing to obey valid court orders.
‘It is well-established in legal jurisprudence that court orders must be obeyed and respected. Parties to litigation are duty-bound to adhere to the directives of the Court. Disobedience of court orders undermines the sanctity of the judiciary and the rule of law. The 1st Respondent (Victor Ike Oye) and 2nd Respondent (Prof. Mahmood Yakubu, the Chairman of INEC) have committed contempt by disobeying the subsisting order of this court made on 10/5/2023 and I so hold.’
“This impunity cannot continue. This political insanity has to stop.
“The acceptance of candidates by the 2nd respondent that are product of the congress presided over by the 1st respondent, Chief Victor Ike Oye held on May 31, 2023, is undoubtedly an affront to the order of this court under review.
“Having established the disobedience of the 1st Respondent and 2nd respondent to the order of this court made on 10/5/2023 and since the purpose of committal proceedings is to ensure that the orders of the Court are upheld and respected, I hereby adopt a lenient view and order that the 1st and 2nd Respondent should purge themselves of contempt within 14 working days effective from today, the 9th day of November, 2023.
“Case is hereby adjourned till 29/11/2023, to enable the Respondents purge themselves of the contempt or face the wrath of the Law”, the court held.
There must be an end to litigation and as such INEC should show regards for the law and democracy. It has nothing to lose at all in a matter that was already resolved by the apex court, moreso, when it is not an interested party.
However, it should be reminded that its action is a threat to democracy as it limits the choice of political parties from which people can choose their representatives.
Only few days back, Njoku, had cried out to the general public and President Bola Tinubu, that the refusal of Yakubu to obey the orders of courts of competent jurisdiction is threatening the chances of APGA in the forthcoming governorship elections in Edo and Ondo States.
Njoku, who observed that the INEC Chairman cannot be bigger than the country and the laws of the land, queried Yakubu’s interest in the APGA’s leadership case, especially as a supposed unbiased and non-partisan electoral umpire.
The APGA boss while addressing journalists at the Court of Appeal, Abuja, therefore called on the President and the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi SAN, to call the INEC Chairman to order.
“It’s not just that INEC is not obeying a Supreme Court judgment delivered on March 24, 2023; INEC has also disobeyed an injunction and an order of a High Court of the FCT, Bwari, to recognize me as the National Chairman of APGA.
“Instead of INEC to obey the enforcement judgment of the High Court or appeal same, they rushed and got a stay on a committal charge, which had given them 14-day grace period to purge themselves of contempt.
“The court has come out to say that INEC Chairman is in contempt of court and Victor Oye who submitted the names and held a congress and convention is also in contempt.
“But that’s not our problem. We are calling on Nigerians, we are calling on President Bola Tinubu and also calling on the Attorney General of the Federation to look into the issue, where it is that a parastatal can get a stay from the Court of Appeal, on a committal judgment that already had been given”, APGA chairman said.
Njoku, who further faulted Yakubu and Oye’s reliance on the ‘stay’ to flout and disobey a direct order of the court, urged every well meaning Nigerian to appeal to the INEC Chairman to obey a valid order of the court.
