The All Progressives Grand Alliance, APGA, has kicked against what it described as Anambra State Government’s disdain for court judgment.
Recall that the Anambra State Government had recently sought an amendment to the effect that National or State Assembly lawmakers should endorse the nomination forms of candidates of the Local Government Council Councillorship and Chairmanship positions instead of the state or national chairmen of political parties.
APGA said the move was intended to sideline its leadership led by the National Chairman, Chief Edozie Njoku, who were elected at the Owerri Convention of the party and affirmed by the Supreme Court.
The party further hailed the Independent National Electoral Commission, INEC, which filed a counter affidavit challenging a documents filed by the Anambra State Government.
APGA said INEC has shown a clear and unambiguous position on its leadership issues.
Recall that the Anambra State Government had through one Sylvester Ezeokenwa, approached the Federal High Court, Abuja in Suit No: FHC/ABJ/CS/966/2024, seeking a determination that the Supreme Court did not pronounce Njoku as national chairman or validate the Owerri Convention of APGA that threw up the Njoku-led NWC of the party.
But, in a counter affidavit deposed to by a to the originating summons dated July 12, 2024, the electoral commission stated that while a Jigawa State High Court upheld the suspension of Chief Edozie Njoku as the National Chairman of APGA, further appeals against the judgement went through the Court of Appeal Kano Division up to the Supreme Court.
According to INEC: “On further Appeal to the Supreme Court in appeal No: SC/CV/686/2021 delivered on 14th October, 2021, the Supreme Court affirmed the judgment of the Court of Appeal and ordered that the Status Quo Ante Bellum before the suit was filed at the trial court in Jigawa State be maintained, which was the leadership led by the 2nd defendant (Chief Edozie Njoku).
“However, the said judgment of the Supreme Court contained a clerical error, which inserted the name of Victor Ike Oye as the chairman as opposed to the name of the 2nd defendant (Chief Edozie Njoku), who was the main subject matter of the litigation.
“The said error was later corrected by the Supreme Court on 24th March, 2023 in appeal No: Sc/687/2021, where it was held thus: ‘It needs be stated at this point that the dispute being who should be the Acting National Chairman of the1st respondent, APGA, and whether the Chairman, Chief Edozie Njoku, was validly replaced are within the confines of the internal affairs of the 1st respondent, which is not justiciable.”
Further, INEC in the counter affidavit explained that despite the declarative ruling of the Supreme Court, Chief Ike Victor Oye-led faction of the 1st plaintiff in this suit (APGA) failed to comply with the decisions and went ahead to hold a National Executive Committee meeting on 18th April, 2023 wherein they agreed to hold the party’s National Convention.
“That it was based on the said convention that two (2) elected Executives of the 2nd defendant in this suit led faction initiated a suit at the trial court by an originating summons filed on 2nd April, 2023 in suit No: FCT/HC/4068/2023 and sought amongst others for an order directing the 1st defendant in this suit (INEC) to accept, recognize and deal with the 2nd defendants in this suit’s list of candidates.”
“It could therefore be seen from the foregoing that INEC recognized that there were two parallel conventions on May 31, 2019 at Awka and Owerri respectively and the two were recognized,” APGA said in a statement signed by Alhaji Muhyideen Imam,
National Secretary.
The electoral umpire acknowledged that the court has powers to validate or invalidate a convention, and declared that the Supreme Court totally validated the Owerri Convention and all the acts that emerged from it, including the leadership of APGA.
“If a court declares a convention valid, INEC as a creation of the law is bound to obey and adhere to Court judgments/decisions,” the commission’s counter affidavit stated.
The party noted that on the issue of tenure, the Supreme Court recognized that that the tenure of the Executives that emerged from the Owerri Convention was cut short by the Jigawa State High Court.
Consequently, the Supreme Court returned the Executives that emerged at the Owerri Convention to their rightful positions, even as it considered the period that Ike Victor Oye held sway as an error of history.
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