Court restrains Edozie Njoku from claiming APGA national chairmanship
By Jeffrey Agbo
A Federal High Court in Abuja has barred Edozie Njoku from parading himself as the National Chairman of the All Progressives Grand Alliance (APGA).
In a judgment delivered by Justice James Omotosho, the court ruled that no valid court order or judgment, including any from the Supreme Court, supports Njoku’s claim to the APGA chairmanship.
The suit, marked FHC/ABJ/CS/966/2024, was filed by APGA and its current National Chairman, Sylvester (Sly) Ezeokenwa as the 1st and 2nd plaintiffs. The defendants were the Independent National Electoral Commission (INEC) and Njoku.
The case arose after INEC removed Ezeokenwa and his executive officers’ names from its official website on July 9, replacing them with the Njoku-led leadership of APGA.
Justice Omotosho ruled that INEC acted improperly in recognising Njoku’s faction, affirming the legitimacy of Ezeokenwa’s leadership.
“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.
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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 Njoku as chairman of APGA 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 nhairman of the party,” he said.
Omotosho said that the judgment was affirmed by the Court of Appeal in appeal number: CA/ABJ/CV/454/2023.
Also, the judge, in the open court, read a letter written by the Registrar of the Supreme Court to the effect that the correction made on the name of the 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.
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 unconstitutional, null and void.
He also made an order of mandatory injunction, compelling the commission to revert to the status quo ante bellum as of July 8, by publishing Ezeokenwa’s and his group’s names as valid executive officers of APGA.