A Critical Examination Of APGA Leadership Dispute by Wole Adedoyin

 

INEC'S MISINTERPRETATION OF COURT JUDGMENT: A CRITICAL EXAMINATION OF APGA LEADERSHIP DISPUTE

 

By Wole Adedoyin

The Independent National Electoral Commission (INEC) recently released a statement recognizing Edozie Njoku as the National Chairman of the All Progressives Grand Alliance (APGA), a decision that has sparked significant controversy and criticism. This article delves into the flawed interpretation of court judgments by INEC, highlighting the discrepancies and errors in their recognition of Njoku.

INEC's statement claims that its decision is based on the Court of Appeal's judgment affirming an earlier judgment by the FCT High Court, Bwari Judicial Division. However, this interpretation is fundamentally flawed. Neither the FCT High Court judgment nor the Court of Appeal's judgment declared Edozie Njoku as the National Chairman of APGA. INEC's assertion that it is complying with the Supreme Court's corrected judgment is equally erroneous, as the Supreme Court did not pronounce Njoku as the National Chairman.

Edozie Njoku's claim to the National Chairmanship of APGA is based on a purported victory in a non-existent Owerri convention in 2019, which allegedly granted him a four-year tenure. Even if this were true, Njoku's claimed tenure would have ended in 2023. APGA has since conducted a National Convention that elected Barrister Sly Ezeokenwa as the new National Chairman, rendering any claims by Njoku obsolete.

The Supreme Court's corrected judgment has been clarified by the Federal High Court, Abuja Division, under Hon Justice James Omotosho. This court explicitly stated that the Supreme Court did not recognize Njoku as the National Chairman, affirming Chief Victor Ike Oye's leadership during the disputed period. This judgment was upheld by the Court of Appeal, yet INEC chose to ignore these clarifications, further complicating the situation.

Neither Barrister Sly Ezeokenwa nor APGA was a party to the suit leading to the judgment INEC purportedly enforced. Edozie Njoku himself was not involved in the suit under review. This raises questions about how INEC arrived at its decision and whether it has the authority to unilaterally determine APGA's leadership.

Reports suggest that INEC's hasty decision was influenced by blackmail and threats of legal consequences, including the potential imprisonment of the INEC Chairman for contempt of court. This pressure led INEC to overlook a pending appeal and motion for stay of execution filed by Chief Victor Oye, violating judicial norms that require respect for pending court processes.

INEC's decision represents a clear case of arbitrariness and legal overreach. While INEC has a constitutional mandate to regulate political parties, its actions must align with the law. The commission's recognition of Njoku, despite the lack of any court pronouncement to that effect, undermines the judicial system's integrity and APGA's internal processes.

APGA, a law-abiding party, has instructed its legal team to challenge INEC's decision in court. The party emphasizes that the leadership tussle between Chief Victor Ike Oye and Edozie Njoku is a closed chapter, with the tenure in question having expired over a year ago. Barrister Sly Ezeokenwa remains the duly elected National Chairman, and no court has nullified his chairmanship.

INEC's arbitrary decision threatens the stability and progress APGA has made under its current leadership. The commission should not become a stumbling block to the party's advancement by succumbing to the influence of selfish and desperate politicians.

APGA calls on INEC to reverse its decision in the interest of justice. The party urges its members and the public to remain calm and assured that this obstacle will be overcome. APGA's commitment to legal processes and the rule of law will guide its response to this challenge.