A High Court of the Federal Capital Territory (FCT), has restrained Chief Victor Oye from parading himself as the National Chairman of the All Progressives Grand Alliance(APGA).
Justice Mohammed Madugu sitting in Bwari division of the court equally restrained Oye from holding any meetings or gatherings, be it NWC, NEC etc, Congresses or Convention in the name of APGA,. pending the determination of a suit filed in respect of the party’s leadership crisis.
The injunctive orders were issued sequel to a motion on notice filed against Chief Victor Ike Oye and the Independent National Electoral Commission by Otunba Kamaru Lateef Ogidan (the National Vice Chairman, South West Geopolitical Zone of APGA) and Alhaji Rabiu Mustapha (the National Welfare Officer of APGA), two APGA National Working Committee members under the leadership of Chief Edozie Njoku.
The court also made an order stopping INEC from recognizing Chief Victor Oye as the National Chairman of APGA based on the Supreme Court Judgement of 24th March, 2023.
Justice Madugu equally ordered parties in the suit to maintain status quo ante bellum pending the determine of the originating summon, warning parties not to indulge in activity that will over reach the court.
At a resumed hearing on Wednesday, counsel to the Plaintiffs, Michael Ajara informed the court that the business of the day was for the court to hear his motion on notice, which he said was ripe for hearing
He recalled that the court had on May 3rd, 2023 declined an ex parte motion brought by the plaintiffs, and instead ordered the applicants to put the respondents on notice.
But counsel to the respondents said he had filed a memorandum of conditional appearance and preliminary objection on May 9.
The respondents lawyer insisted that the . option on notice was not ripe, and instead pleaded the court to proceed to hear the originating summon which he said, he had responded to.
However, Ajara told the court that the defence counsel submission was misleading and not true.
Consequently, Ajara asked the court to discountenenace submission of defence counsel, while admitting that the preliminary objection is not ripe for hearing.
In the face of the argument by the two lawyers representing parties in the case, the court went on to rule on the submissions of counsel.
Justice Madugu noted that the court had asked the Plaintiff to put the respondents on notice, but at the same. time, “the respondents have filed a. preliminary objection.
“It is trite law that jurisdiction is fundamental and can come at any time.
“I find out from the processes before the court that the crux of the matter is leadership of APGA.
“In the interest of justice, fairness, equity, it is hereby ordered that parties maintain status quo ante bellum pending the hearing and determination of the substantive matter.
“Parties herein are restrained from holding any form. of meeting, gathering, state, national congresses or convention pending the determination of the suit.
The matter has been adjourned to May 17, for hearing of the preliminary objection.
By the originating summons, the Plaintiffs claimed that the Supreme Court had on 14th October, 2021, given Judgment, which judgment was further corrected on the 24th March, 2023 in their favour as the members of the National Executive Committee elected at the National Convention of the All Progressives Grand Alliance (APGA) held on 31st May, 2019 at Owerri, Imo State, which same judgment affirmed Chief Edozie Njoku, as the valid, authentic and substantive National Chairman of the All Progressives Grand Alliance (APGA).
The Court, the Plaintiffs said, made it clear that the removal of Chief Edozie Njoku as the National Chairman of APGA was illegal and unconstitutional, and subsequent suit to validate his removal unjustifiable.
“By the Constitution of APGA, the Plaintiffs and all other Members of the National Executive Committee elected at the Convention are entitled to a four year tenure from when they were elected and only the National Executive Committee led by Chief Edozie Njoku and no other person(s) have the powers and authority to call and give Notices of any National Executive Committee meeting, congress and convention of any kind or form, and that the 2nd Respondent (INEC) is bound to accept and recognize only decisions of the National Executive Committee led by Chief Edozie Njoku as the National Chairman of APGA and recognize and accept only candidates emanating from the primary elections conducted by the Plaintiffs’ National Executive Committee led by Chief Edozie Njoku for any elections into any office for the 2023 general elections.
“The Respondents are obligated in law to ensure that the judgment of the Supreme Court made on 14th October, 2021 and further corrected on the 24th of March, 2023 and every Order of the Court are obeyed and complied with” the Plaintiffs stated.
