Alleged plan to subvert justice and leadership issue of APGA uncovered

 

PLANS BY EDOZIE NJOKU & CO TO USE HON.JUSTICE M.A MADUGU OF THE FCT HIGH COURT SITTING IN BWARI  TO  SUBVERT  JUSTICE AND THE DOCTRINE OF STARE DECISIS OVER THE SETTLED LEADERSHIP  ISSUE OF APGA UNCOVERED

 

Credible information reaching us has revealed a grand conspiracy and sinister plot by Edozie Njoku and his co-travellers to contract Hon. Justice M.A Madugu of the FCT High Court, Abuja, sitting in Bwari  to nullify the just concluded  National Convention of the All Progressives Grand Alliance (APGA)held on 31 May,2023  which unanimously elected Barr.Sly Ezeokenwa as the new National Chairman of APGA alongside 30 other National officers of the party notwithstanding the apparent futility of the frivolous suit filed by Edozie Njoku's proxies. This hatchet job sought to be executed by the Justice Madugu is against all known and established legal principles especially in view of the fact that there's no express prayers/request by the Plaintiffs to have the APGA National Convention nullified. 

 

You will recall that the Judgment of the Supreme Court in Appeal NO: SC/CV/687/2021 Between Jude Okeke vs. APGA & 3 others  affirmed the Judgment of the Court of Appeal Kano Division which recognized Dr Victor Ike Oye as the authentic National Chairman of APGA and also the Judgment of the Federal High Court Abuja presided by Hon Justice James Kolawole Omotosho delivered on 28/3/2023 which relied on the aforementioned Judgment of the Supreme Court and declared Dr Victor Ike Oye as the authentic National Chairman of APGA  whose NWC leadership was authorized by Law to nominate and forward the names of APGA candidates for the just concluded general elections to INEC. Justice James Kolawole Omotosho in his judgment clearly held that Edozie Njoku is an unknown entity not recognized by law to nominate and forward the names of candidates of APGA.

 

Dissatisfied with the Judgment of Justice James Kolawole Omotosho, Edozie Njoku through his proxies approached the Court of Appeal and filed  appeal   No: CA/ABJ/CV/454/2023 Between APGA & 3 others vs. INEC & 3 others.

 

The Court of Appeal Abuja division presided over by Hon. Justice Oluwayemisi E. Williams-Dawodu on the 2/6/2023 delivered Judgment in the appeal and affirmed the judgment of Hon. Justice James Kolawole Omotosho which recognized Dr Victor Ike Oye as the authentic National Chairman of APGA. The decision of the Federal High Court aforestated as well as the Court of Appeal judgment were based  on the judgment of the Court of Appeal Kano that was affirmed by the Supreme Court  Judgment delivered on 14/10/2021 while putting into consideration the ruling of the Supreme Court on the correction of the accidental slip at page 13 of the lead Judgment of Justice Mary Odili JSC (Now retired). Needles to state that there is yet another judgment of the Federal High Court, Awka Division presided over by His Lordship, Hon Justice H A Nganjiwa which equally affirmed the correct interpretation of the Supreme Court corrected judgment by stating in clear terms that the apex court never pronounced Edozie Njoku as the National Chairman of APGA. 

 

Notwithstanding the clear decisions of the above mentioned courts which has created issue estoppel in favour of the Dr Victor Ike Oye then led NWC of APGA, Edozie Njoku and his proxies sureptitiously approached the FCT High Court in suit No: FCT/HC/CV/4068/2023 Between Otunba Camaru Lateef Ogidan & Anor vs Dr Victor Ike Oye & INEC to seek for orders to derail the Congresses and National Convention of the party.

 

They filed a motion for interlocutory injunction to  restrain Dr Victor Ike Oye from conducting Congresses across the 36 States of Nigeria. The matter is pending before Hon Justice M.A Madugu of the FCT High Court sitting in Bwari.

 

Before the motion for interlocutory injunction could be taken, Dr Victor Oye's legal team filed Notice of Preliminary Objection challenging both the substantive and territorial  jurisdiction of the Court to entertain the matter brought before it. The law is trite and settled that a court of law by the doctrine of stare decisis is bound by the judgment of a superior court already delivered in respect of a particular subject matter and in this instance, the decisions of the superior Courts on the leadership dispute in APGA which has been settled in favour of Victor Oye.

 

It is also the law as decided by the Supreme Court in several judicial cases that the FCT High Court has no territorial jurisdiction to delve into issues arising in another state. This was what the supreme Court said in a decided case and it remains the law till tomorrow:

 

"I think their Lordships of the High Court of the Federal Capital Territory ought to be circumspect before deciding whether or not it is wise and correct to exercise jurisdiction in matters outside the territory of the Federal Capital Territory. Their court, unlike the Federal High Court, has jurisdiction  only on matters arising out of the Federal Capital Territory, Abuja.” Per Ogundare JSC in DALHATU v. TURAKI (2003) 15 NWLR (pt. 843) 310 at 339 -340.

 

The Supreme Court has also held in a plethora of decided cases that no Court in any State, including the FCT High Court, has extra territorial jurisdiction. Per Eko JSC in MAILANTARKI v. TONGO & ORS (2018) 6 NWLR (pt. 1614) 69 at 86.

 

It is only logical and in line with the doctrine of stare decisis for Hon.Justice M.A Madugu of the FCT High Court to abide and be bound by the superior decisions on the settled leadership issue of APGA.

 

By the doctrine of estoppel parem judicata, such settled issue cannot be re-litigated. Thus, the FCT High Court cannot by law interfere with the Congresses of APGA held across the 36 states of the Federation and the National Convention of the Party held at Awka on 31/5/2023.

 

What more, the National Convention of APGA which elected Barr Sly Ezeokenwa as the new National Chairman of APGA was held  in compliance and total obedience to a valid, binding and subsisting Judgment of Anambra State High Court. The  Judgment of the Anambra State High Court which was delivered on 12th May, 2023 in Suit No. OT/79/2023 filed by one Mr. Emeka Ekwealor  against Dr Victor Ike Oye (as APGA National Chairman) and APGA as 1st and 2nd defendants wherein the Anambra State High Court Coram Hon. Justice H.O OZOH granted the reliefs sought by the plaintiff and consequently mandated Dr Victor Ike Oye and APGA to conduct the Wards, Local Governments, States Congresses and National Convention of APGA to  elect the wards, Local Government, States and National Officers of the party before the expiration of the tenure of Dr Victor Ike Oye. All the above facts, the law  and  judgments of the superior Courts both on the settled leadership issue of APGA and on the lack of  jurisdiction of the FCT High Court are placed before Hon.Justice M.A Madugu for consideration. 

 

Suprisingly, the attitude of the FCT High Court presided by Hon Justice M .A Madugu clearly suggests that he has been contracted to do a hatchet job for Edozie Njoku and his proxies. Before the motion for interlocutory injunction could be taken, an application challenging the jurisdiction of the FCT High Court was filed by Victor Oye's legal team.

 

 In a rather weird manner and against established legal norm, the court instead of concentrating on determining whether or not it has jurisdiction to hear the matter brought before it, decided on his own volition to order parties to maintain status quo and went further to restrain Victor Oye from conducting the proposed congresses across the 36 states pending the hearing of the preliminary objection even  though the order as now since elasped.

 

 It is important to note at this point  that APGA is not a party to the suit in FCT High Court Bwari and  it is APGA that is by law authorize to conduct the  Congresses and not Chief Victor Ike Oye who  was sued in his private capacity and not in his  official capacity as the National Chairman of APGA.

 

Be that has it may, the judgment of the Anambra State High Court delivered on 12th May, 2023 that mandated Victor Ike Oye in his official capacity as the National Chairman of APGA and APGA as a Political Party to conduct the Congresses and National Convention before the expiration of the tenure of Dr Victor Ike Oye on 31/5/2023, stands inviolate. 

 

The Congresses of APGA and the National Convention just concluded were in full and total compliance with the final Judgment of Anambra State High Court and as such the Congresses and National Convention were validly and legally conducted in obidience to the judgment of the Court.

 

Again, upon the order made restraining Chief Victor Ike Oye in his private capacity, Chief Dr Victor Oye filed an interlocutory appeal  challenging the order made by the FCT High Court which  was made in the face of the Notice of Preliminary Objection challenging the jurisdiction of the court yet to be determined.

 

The record of Appeal was duly compiled and transmitted by Victor Ike Oye and the appeal was  entered as appeal NO: CA/ABJ/CS/582/2023 Between Dr Victor Ike Oye vs. Otunba Camaru Lateef Ogidan & 2 others.

 

By law, once and appeal has been entered, the he court of Appeal becomes seized of the matter between the parties and the lower court by law is bound to await the outcome of the appeal before the court of Appeal particularly upon an application for Stay of proceedings brought before the Court of Appeal by the Appellant.

 

An application for stay of proceedings was filed at the Court of Appeal and same was brought to the attention of Justice Madugu by Victor Oye's legal team led by Dr Onyechi ikpeazu SAN for the FCT High Court to stay proceedings pending the hearing and determination of the Appeal and the pending Application for Stay of Proceedings. Again surprisingly and contrary to settled principles of law on stay of proceedings, the FCT High Court  Hon.Justice M.A Madugu declined to stay proceedings and proceeded to take all the applications including the substantive suit.

 

The information readily available to us is that the FCT High Court have been heavily compromised to nullify  the Congresses and National Convention of the party even though there is no such prayer by the Plaintiffs before Justice Magudu. 

 

It is worthy of note that the Congresses and National Convention of the party  stands on a rock solid foundation and cannot be nullified by any adverse decision or judgment that may emanate from the FCT High Court presided by Hon Justice M . A. Madugu. This is because the law is settled that whatever  is done without jurisdiction is a nullity which cannot stand the test of time. It must be set aside on appeal; more so when there are in existence other judgments of courts of cordinate jurisdiction and superior Court to the contrary. 

 

The FCT High Court has no jurisdiction to interfere with the already concluded Congresses of APGA held across the 36 states and the National Convention held on 31 May,2023 in Awka, Anambra State outside the territorial jurisdiction and competence of the FCT High Court. 

 

We therefor call on all our members, supporters and well wishers not to be perturbed  in the unlikely event that the FCT High Court Coram Hon. Justice M A Madugu allows himself to be truly compromised as we have gathered from credible intelligence. Whatever adverse judgment or decision that may emanate from the FCT High Court Bwari Abuja cannot affect our already held Congresses and National Convention. 

 

We therefore call on our newly elected National Chairman, Barr Sly Ezeokenwa and his elected National Working Committee members to remain focused in their resolve  of building and strengthening our great Party APGA.

 

APGA NEW MEDIA.