The Supreme Court of Nigeria has affirmed an appeal by the All Progressives Grand Alliance (APGA), recognising Sly Ezeokenwa as its national chairman.
The court, in a judgment on Wednesday, also awarded a N20 million fine against Edozie Njoku for filing a frivolous suit at the FCT High Court, Bwari.
Recall that a few days ago, the Federal High Court in Abuja barred Njoku from parading himself as the national chairman of the party.
In a ruling, Justice James Omotosho held that there was no valid court judgment or order, including a judgment from the Supreme Court, that recognized Mr. Njoku as APGA national chairman.
APGA and Sylvester Ezeokenwa (National Chairman, APGA) had, in the suit marked: FHC/ABJ/CS/966/2024, filed the suit as the 1st and 2nd plaintiffs.
In the originating summons filed on 12 July, the plaintiffs sued the Independent National Electoral Commission (INEC) and Mr. Njoku as the 1st and 2nd defendants.
They filed the suit following the removal of the names of Mr. Ezeokenwa, a legal practitioner, and his executive officers from the INEC website, and the replacement of the same with the names of the Njoku-led leadership of APGA by the electoral umpire on 9 July.
While delivering the judgment, Justice Omotosho held that INEC was wrong to have recognized the Njoku-led leadership of the party.
“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, recognized by law. Furthermore, at the expiration of his (Oye’s) tenure in 2023, a national convention was held on 31 May 2023 in Awka, Anambra State, which produced the 2nd Plaintiff (Ezeokenwa) and other persons as national executives.”
“The 1st defendant (INEC) monitored the same and issued a report (Exhibit APGA 1).”
“There is nothing before this court faulting the election of the 2nd plaintiff and his executive team as the rightful occupants of the national executive of the party.”
“The 1st defendant must, therefore, restore their names as the National Executive Officers of the All Progressives Grand Alliance party,” he said.
The judge ruled that the Supreme Court had settled the matter in the case between Njoku and Oye on who the valid national chairman of the party was in suit number: SC/CV/687/2021 dated 24 March 2023.
He held that the Supreme Court did not alter the substance of the judgment delivered on 14 October 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 recognizing Chief Edozie Njoku as chairman of the party, and it is a wonder how the 1st defendant could have claimed that its action was based on a purported court order.
