APGA Nationwide Congresses and the Question of Legality

 

APGA NATIONWIDE CONGRESSES AND THE QUESTION OF LEGALITY

 

It is no longer news that the All Progressives Grand Alliance (APGA), the unarguably, 3rd largest political party in Nigeria, have concluded its nationwide congresses that culminated in the National Convention of the Party held on 31st of May, 2023 in Awka Anambra State which saw the emergence of the Barr. Sly Ezeokenwa led National Working Committee. Commentators and pundits alike have continued to commend the process and outcome of the congresses and convention as a perfect exemplification of the upward trajectory the party has seen since the emergence of Prof. Charles Chukwuma Soludo as the National Leader of the Party.

 

However, the All Progressives Grand Alliance (APGA) appears to be caught in another web of legal intricacies which may seem to derail the smooth transition of power just witnessed from the old to the new executives. There were reports of an interim order of injunction from an FCT High Court in Bwari which purportedly restrained Dr Victor Ike Oye from conducting its congresses and National Convention pending the determination of the suit brought by Otunba Camaru Lateef Ogidan & Alhaji Rabiu Mustapha. In the said suit which has Dr. Victor Ike Oye and Independent National Electoral Commission as defendants, the Plaintiffs contended that the Supreme Court on the 24th March, 2023 vide its corrected judgment affirmed Chief Edozie Njoku as the authentic National Chairman of APGA thus questioning the right and powers of Dr. Victor Ike Oye to conduct APGA Congresses and Convention not being the National Chairman of APGA.

 

Indeed, a proper understanding of the extant judgments on APGA leadership and the true purport of the Supreme Court Ruling of 24/3/2023 will readily reveal that the suit before the FCT High Court, Bwari Judicial Division is an exercise in futility. Thus, the outcome of the said suit will have no impact whatsoever on the just concluded nationwide congresses and National Convention of APGA for a number of reasons.

 

Firstly, APGA as a political party is not a party to the suit pending before the FCT High Court and cannot ordinarily be bound by whatever is the outcome of the said judgment to be delivered by Hon. Justice Mohammed A. Madugu. APGA as a corporate entity possesses the full right, under relevant laws, to sue and be sued in its name.

Secondly, Dr. Victor Ike Oye, who was purportedly restrained from conducting congresses and National Convention was sued in his private capacity as an ordinary individual. Dr. Victor Ike Oye was neither sued in his erstwhile official capacity nor in a representative capacity as representing the immediate past National Working Committee of APGA. If anything, the just concluded nationwide congresses and National Convention were conducted by APGA and not Dr. Victor Ike Oye. Therefore, having failed to join APGA as a defendant in the suit pending before Justice M.A Madugu, the entire gamut of the suit has been rendered incurably defective and a nullity.

 

Apparently more fundamental is the fact that the subject matter of the suit before Hon. Justice M.A. Madugu revolves around the question of the correct interpretation of the corrected Supreme Court judgment which incidentally has been decided by 2 judgments of the Federal High Court. In *Suit No. FHC/ABJ/CS/1780/2022: Chief Chekwa Okorie & ors v. Independent National Electoral Commission & ors*, His Lordship Hon. Justice J.K. Omotosho of the Federal High Court, Abuja stated explicitly that the Supreme Court did not at any point pronounce Chief Edozie Njoku as the National Chairman of APGA in its corrected judgment of 24/3/20023. The learned jurist stated unequivocally and in clear times that Dr. Victor Ike Oye remained the National Chairman of APGA and the person entitled to submit duly nominated candidates of APGA to INEC.

 

Again, by a judgment of the Federal High Court, Awka Judicial Division presided over by His Lordship, Hon. Justice H.A. Nganjiwa delivered on 5th April, 2023 in *Suit No. FHC/AWK/CS/202/2022: All Progressives Grand Alliance & Ors Vs Independent National Electoral Commission & Ors*, the Hon. Judge restated the correct interpretation of the corrected Supreme Court judgment to the effect that the learned Supreme Court justices never pronounced Edozie Njoku as the National Chairman of APGA. The learned judge held that the apex court stated expressly that the correction of the accidental slip at page 13 of its judgment did not alter the character and substance of its judgment delivered on 14/10/2021.

 

Of particular interest is the fact that the judgment of His Lordship Hon. Justice J.K. Omotosho has now further been affirmed by the Court of Appeal in a unanimous judgment delivered on 2nd of June, 2023 in *Appeal No. CA/ABJ/CV/454/2023: All Progressives Grand Alliance & Ors Vs Independent National Electoral Commission & Ors*, the learned Court of Appeal Justices in a lead judgment delivered by Hon. Justice Oluwayemisi E. Williams-Dawodi affirmed the findings made by Justice J.K. Omotosho. Effectively, with the above decision of the Court of Appeal affirming the finding of the Federal High Court that Dr. Victor Ike Oye remained the National Chairman of APGA, the FCT High Court can no longer competently or remotely proffer any opinion or decision on the issue contrary to that already rendered by the Court of Appeal. To do otherwise would amount to what the apex court has variously described as “judicial rascality” or “judicial impertinence.

 

It need be stated that the just concluded APGA congresses and National Convention both stand on a firm legal pedestal. The said congresses and National Convention did receive the express judicial imprimatur of an Anambra State High Court, Otuocha Judicial Division. In a remarkable judgment delivered on 12th May, 2023 by His Lordship, Hon. Justice H.O. Ozoh in *Suit No. OT/70/2023: Mr. Emeka Ekwealor v. Dr. Victor Ike Oye & APGA*, the learned trial judge compelled the defendants therein, i.e. the Dr. Victor Ike Oye & APGA to forthwith conduct APGA congresses and National Convention on or before the expiration of the tenure of the current officers on 31/5/2023. With the above final judgment, APGA therefore properly & legally proceeded with the conduct of its congresses and National Convention aforesaid.

 

The above highlighted issues properly underscore the dilemma and conundrum faced by Justice Madugu in the suit pending before him. Even more intriguing is the fact that subject matter of the suit before him has been completely eroded, extinguished and rendered academic. Indeed, by the facts placed before the court, the plaintiffs contended that they were elected into office on the 31st of May, 2019 for a four (4) year term. By a simple arithmetic, the alleged 4-year term has since elapsed on the 31st day of May, 2023. 

 

Pray, can Hon. Justice M.A Madugu make an order affirming the purported term of office of the plaintiffs in the face of the stark reality that the alleged term of office has since elapsed. With the above reality staring Justice Madugu in the face, there are only two (2) viable options left for him; one is to dismiss the plaintiffs’ suit for lacking in merit in view of the judgment of the Court of Appeal, Abuja Division delivered on the 2nd of June, 2023. The second is to strike out the suit for apparent lack of jurisdiction. To do otherwise will definitely push Justice M.A. Madugu into the ignoble record of judicial officers who have brought the judiciary into ignominy. The choice is definitely that of Justice Madugu to make.

 

 

— Barr. Lewis Azike 

Writes from Abuja, Nigeria.