FULL TEXT OF THE PRESS CONFRENCE BY APGA NATIONAL CHAIRMAN BAR. SLY EZEOKENWA HELD AT THE APGA NATIONAL SECRETARIAT COMPLEX KATAMPE ABUJA ON WEDNESDAY 28TH AUGUST,2024.
MISINTERPRETATION OF THE SUPREME COURT’S CORRECTION OF AN ACCIDENTAL SLIP IN ITS JUDGMENT OF 14/10/2021 ON APGA LEADERSHIP TUSSLE AND THE RECENT INEC ERRONEOUS RECOGNITION OF ONE CHIEF EDOZIE NJOKU AS APGA NATIONAL CHAIRMAN.
Distinguished members of the National Working Committee
Esteemed party members
Gentlemen of the Press
It is my utmost pleasure to welcome you to this press briefing today at the National Secretariat Complex of APGA. If you recall, we had a similar press conference just about a month ago following the erroneous recognition accorded to one Edozie Njoku by INEC purportedly as the National Chairman of APGA, a position which I still lawfully occupy. What was rather intriguing is the claim by the Independent National Electoral Commission (INEC) that its decision was pursuant to an alleged court order. Sadly, INEC is yet to furnish us or even the members of the public with the phantom court order that compelled them to take the obnoxious decision.
This press conference has become necessary today mainly for two reasons;
Firstly, is the recent Counter Affidavit filed by INEC at the Federal High Court in the suit instituted by APGA and I challenging the said decision of INEC to unlawfully accord recognition to the said Edozie Njoku and;
Secondly, in view of a vital document on APGA Leadership, a Certified True Copy of the Supreme Court official notification to Edozie Njoku’s lawyer wherein the former Chief Justice of Nigeria, Hon Justice Olukayode Ariwoola, on behalf of the Supreme Court, clarified the apex court’s position on the correction of the clerical error in its judgment of 14/10/2021 which was only recently issued to us by the Supreme Court to the effect that it never at any time declared Chief Edozie Njoku as APGA National Chairman by its ruling of 24/3/2023 that will warrant his recognition by INEC.
I will start by joining well-meaning Nigerians to congratulate the just sworn-in Acting Chief Justice of Nigeria, Hon Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, CFR on her historic ascension to office as the 2nd ever female Chief Justice of Nigeria. I urge her Lordship to use her wealth of experience, integrity and proven track records to strengthen the nation’s justice delivery system as well as bring about the needed reforms in the justice sector. Her ascension to office could not have come at a better time than now given the myriads of challenges facing the nation’s judiciary, one of which is the current misinterpretation by some courts and the Independent National Electoral Commission (INEC) of the correct effect of a mere correction of an accidental slip in the judgment of the Supreme Court delivered on the 14/10/2021 in Appeal No: SC/CV/686/2021 which is now generating needless confusion within the All Progressives Grand Alliance (APGA), amongst other challenges facing our nation`s judiciary.
BACKGROUND TO THE MATTER LEADING TO THE SUPREME COURT JUDGMENT.
It will be recalled that sometime in 2021 in the build up to the Anambra Governorship Election, one Chief Jude Okeke and his group, acting in concert/connivance with one Edozie Njoku, went all the way to Birnin Kudu, Jigawa State in a futile attempt to validate their purported APGA National Convention allegedly held in Owerri Imo State on May 31, 2019 and procured the infamous Birnin Kudu High Court Judgment which was later set aside. The then APGA National Chairman Chief Victor Oye and APGA appealed against the infamous Birnin Kudu Judgment in Appeal No. CA/KN/146/2021. The Court of Appeal Kano Division allowed the appeal and invalidated both the proceedings of the Jigawa State High Court and the judgment delivered by the said court. In its judgment delivered on 10/8/2021, the Court of Appeal, Kano Division held thus:
“On the whole therefore, this appeal has merit, it succeeds and is hereby allowed. Consequently, the entire proceedings of the Jigawa State High Court in Suit No: JDU/022/2021, delivered by Musa Ubale, J. on the 30th day of June, 2021 and the judgment delivered thereon are accordingly set aside. The consequential orders made by the said court in the judgment are also set aside.”
The Court of Appeal, Kano Division went further to confirm in clear terms that CHIEF VICTOR IKE OYE and those elected with him at the APGA National Convention at Awka in 2019 were the validly elected National Officers/Executives of APGA having gotten the judgment of the Anambra State High Court sitting in Awka in Suit No: A/92/2020 delivered on the 18/11/2020 wherein, the National Convention of APGA held on the 31/5/2019 which elected him as National Chairman was validated. Commenting on the said judgment of the High Court of Anambra State, the Court of Appeal further stated that:
“…There is no evidence that such judgment has been set aside on appeal or by the court that delivered it. Consequently, it is clear that, as at the time the suit leading to this appeal was initiated in Jigawa State High Court, the 2nd Appellant [i.e. CHIEF VICTOR IKE OYE] was the validly elected Chairman of the 1st Appellant (APGA)”.
This Judgment of the Court of Appeal Kano was loudly affirmed by the Supreme Court in its Judgment in Appeal No. SC/CV/686/2021 JUDE OKEKE v. ALL PROGRESSIVES GRAND ALLIANCE & 3 ORS delivered on October 14, 2021,per Peter-Odili, JSC (rtd). If you recall, the Court of Appeal judgment immediately saw to the removal of the name of one Chukwuma Micheal Umeoji as the APGA Governorship candidate for Anambra State 2021 Governorship Election and the glorious return of the name of Prof Charles Chukwuma Soludo, CFR as the APGA Governorship candidate duly nominated by Chief Victor Ike Oye led National leadership of APGA. Today by the grace of God and the power of the will of the people of Anambra State Prof Charles Chukwuma Soludo, CFR is the solution Governor of Anambra State and the National leader of APGA by virtue of Article 10 of the APGA Constitution 2019. We further express our unreserved appreciation to our National Leader, Prof Charles Chukwuma Soludo, CFR for his uncommon courage, unwavering trust and commitment to standing by the truth notwithstanding the barrage of verbal attacks by these enemies of our great party.
You will also recall that in 2023, by a Ruling of the Supreme Court delivered on March 24, 2023, the Supreme Court corrected the error in the background facts of the fabricated story presented before the Jigawa State High Court by the plaintiff ttherein and swapped the name of “Chief Victor Oye” with “Chief Edozie Njoku” on page 13 of its earlier Judgment of October 14, 2021. The Apex Court also corrected the Appeal Number to read SC/CV/687/2021 instead of “SC/CV/686/2021”.
However, the Supreme Court while granting the application brought by Njoku for the correction of the accidental slip, cleverly went ahead of Njoku`s mischief and warned emphatically at page 26 of its Ruling of March 24, 2023 “that the correction of the error, mistake or slip in the judgment does not in any plausible way, review, vary or substitute the operative or substantive part of the judgment” delivered on 14/10/2021 which affirmed the Judgment of the Court of Appeal Kano.
Subsequently, Edozie Njoku in his manoeuvre and desperation to become APGA National Chairman through the back door took the Supreme Court Judgment and the ruling on the correction to the Federal High Court before Hon. Justice Omotosho J. to be recognised as APGA National Chairman and for INEC to accept one Chief Chekwas Okorie as his nominated APGA Presidential Candidate alongside other purported Senatorial and House of Representatives candidates. He equally filed similar suit before the Federal High Court Awka before Hon. Justice H. Nganjiwa to be allowed to nominate States House of assembly candidates for APGA all for the 2023 general election.
Both Hon. Justice Omotosho and Hon. Justice Nganjiwa dismissed the suits and held that the authentic and validly recognised National Chairman of APGA authorised by law to nominate candidates for APGA was Chief Victor Ike Oye and that the Supreme Court’s correction of 24th March, 2023 never declared Edozie Njoku as APGA National Chairman. The Judgment of Hon. Justice Omotosho was also affirmed by the Court of Appeal.
As at today there are three (3) subsisting Judgments of the Court of Appeal on APGA leadership validating the APGA National Convention held in Awka Anambra State in 2019 that elected Chief Victor Ike Oye as APGA National Chairman out of which one has been affirmed by the Supreme Court on 14/10/2021.
It is important to note that there is no subsisting judgment of Court anywhere that ever validated the purported Owerri Convention claimed by Edozie Njoku. I therefore ask, can Edozie Njoku ever become National Chairman without a valid National Convention? It is certainly a capital NO. The fact that the purported recognition of Edozie Njoku is not a product of any valid Convention of APGA is clear from the INEC portal where you see the name of Edozie Njoku and other officers showing “BY COURT ORDER”.
THE OFFICIAL POSITION OF THE SUPREME COURT ON THE CORRECTION OF THE ACCIDENTAL SLIP AS TO WHETHER INEC CHAIRMAN DISOBEYED THE SUPREME COURT IN NOT RECOGNISING EDOZIE NJOKU AS APGA NATIONAL CHAIRMAN.
Just recently, we received a Certified True Copy of a letter where the immediate past Hon Chief Justice of Nigeria, Hon Justice Olukayode Ariwola, GCON, on the 6th of June, 2023 notified counsel to Chief Edozie Njoku that the Supreme Court in its Ruling of 24/3/2023 did not recognize Chief Edozie Njoku as APGA National Chairman. The said letter by the Supreme Court read as follows:
“I have been directed by Hon.,the Chief Justice of Nigeria ,Hon.Justice OLUKAYODE ARIWOOLA ,GCON, to refer to your captioned letter with Ref.No./APGA/J/INEC/1.1/23 dated 15th day of May,2023 and to respond to you as follows;
1. That the ruling of the Court in suit SC/CV/687/2021 dated 24th March,2023 did not alter the substance of the judgment delivered on 14th day of 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.
2. The Court could not have made any consequential Order recognizing Chief Edozie Njoku as the National Chairman of APGA.
3. Since no Order to that effect was made by the Court the National Chairman of INEC did not disobey any.
This is the position officially taken by the Supreme Court in respect of the much talked about correction of 24/3/2023 by Edozie Njoku and his minions. Sadly, it has become apparent that despite receiving this all important nay crucial clarification from the Supreme Court, Edozie Njoku and his lawyers fraudulently concealed this information when they approached the innocent Judge of the FCT High court to procure another judgment that runs contrary to the Supreme Court’s official position.
One is therefore at loss how a Judgment that the Supreme Court affirmed in favour of Chief Victor Oye could have by any stretch of imagination give rise to an enforceable right in favour of Edozie Njoku. This would only possibly pass as judicial abracadabra!!!.
As stated earlier, Edozie Njoku and his proxies proceeded to the FCT High Court before Hon. Justice Madugu against Chief Victor Oye and INEC with the same Supreme Court Judgment and the ruling of 24/3/2023 correcting the accidental slip and misled the court under the guise of enforcing the judgment of the Supreme Court without joining APGA to the suit. The FCT High Court then delivered a judgment against Chief Victor Oye on the 6th of June,2023 at a time he had served out his 2nd tenure as APGA National Chairman for the period running from 31st May,2019 to 31st May,2023 to the effect that Victor Oye had no business being APGA National Chairman and then quickly initiated, threatened and blackmailed the INEC Chairman with contempt proceedings. .
We agree Chief Victor Oye had no business being APGA National Chairman at the time the judgment was delivered on 6th of June,2023 because he has since served out his tenure. Interestingly, the FCT High Court never granted any of the reliefs sought by the plaintiffs to the effect that the Supreme Court declared Edozie Njoku National Chairman by the correction of the clerical slip neither did the Court of Appeal declare Edozie Njoku National Chairman in the two Court of Appeal Judgments delivered on 28th of June,2024 in:
1. APPEAL NO. CA/ABJ/CV/724/2023 BETWEEN CHIEF VICTOR IKE OYE V.OTUNBA KAMARU LATEEF OGIDAN & 2 ORS
2. APPEAL NO. CA/ABJ/CV/1169/2023 BETWEEN CHIEF VICTOR IKE OYE V.OTUNBA KAMARU LATEEF OGIDAN & 2 ORS that will warrant INEC to recognize Chief Edozie Njoku as APGA National Chairman.
INEC`S DEFENCE TO JUSTIFY THE RECOGNITION OF CHIEF EDOZIE NJOKU.
It's rather disheartening on the part of an institution like INEC, created under the Constitution, to claim that APGA conducted parallel National Convention in 2019. We challenge INEC to come out and show Nigerians the Notice issued by APGA that it will hold National Convention in Owerri as required by Section 82 (1) of the Electoral Act or any monitoring report of such National Convention. On the contrary, there is ample evidence that APGA issued INEC Notice of its National Convention in Awka in 2019. In line with the Notice issued by APGA, INEC duly attended and monitored the said National Convention of APGA held in Awka. INEC equally produced a report to validate the said National Convention.
INEC in its depositions, as contained in the counter affidavit justifying the erroneous recognition of Chief Edozie Njoku as APGA National Chairman, have not been able to present any Statutory Notice of APGA issued to INEC scheduling APGA National Convention in Owerri Imo State or any INEC REPORT indicating that the purported parallel National Convention actually held in Owerri on May 31, 2019 or any other date. Or is INEC not aware that by S.82 (5) of the Electoral Act failure to issue such notice to INEC renders such purported Convention a nullity?
By INEC’s own showing in its counter affidavit, particularly paragraph 4 h, it stated that the Supreme Court affirmed the judgment of the Court of Appeal and ordered that status quo ante bellum before the suit in jigawa was filed be maintained. The question then is what was the status quo before the suit that went to Jigawa was filed?
The Court of Appeal whose decision was affirmed by the Supreme Court clearly answered this when it held at pages 78 – 80 of the Judgment in Appeal No. CA/KN/146/2021 per TSAMMANI JCA (now JSC) as follows:
“Meanwhile, the 2nd Appellant (Chief Victor Ike Oye) had gotten the judgment of the Anambra State High Court sitting in Awka in Suit No: A/92/2020 delivered on the 18/11/2020 wherein, the National Convention of the 1st Appellant held on the 31/5/2019 which elected the 2nd Appellant as National Chairman was validated…
There is no evidence that such judgment has been set aside on appeal or by the court that delivered it. Consequently, it is clear that, as at the time the suit leading to this appeal was initiated in Jigawa State High Court, the 2nd Appellant [i.e. CHIEF VICTOR IKE OYE] was the validly elected Chairman of the 1st Appellant (APGA)”.
Again, another panel of the Court Appeal presided over by the current President of the Court of Apppeal, Hon Justice Monica Dongban Mensem, CFR in Appeal No. CA/AW/256/2021 delivered yet another landmark judgment on APGA Leadership on 9th September, 2021. In a lead judgment delivered by Hon Justice Hannatu Jumai Sankey, JCA (now JSC), the Court of Appeal held at pages 48-49 of its judgment that;
“This Court is bound by the decision of the Court in the Appeal under reference, i.e. Appeal No. CA/KN/146/2021 per Tsammani, JCA, which is in respect of the issue also in contention in this Appeal, which essentially is: which of the two Conventions held by different factions of APGA is valid; and who is the National Chairman of APGA recognised by Law.”
Incidentally, Edozie Njoku was the appellant in the above appeal. Needless to state that he neither challenged the above decision on appeal to the Supreme Court nor did he apply to the Court of Appeal to review the said judgment. Consequently, the Court of Appeal judgment in Appeal No. CA/AW/256/2021 nailed the coffin in the contention on the purported Owerri Convention. It is therefore illogical and akin to a futile attempt to resurrect the dead for INEC to turn around in 2024 to claim that the status quo was recognition of the alleged Owerri Convention when the Court of Appeal has clearly laid the matter to rest.
Again, if according to INEC said Counter affidavit that the Supreme Court returned parties to status quo which was the recognition of the alleged Owerri Convention, then why did INEC implement the Supreme Court Judgment in favour of Chief Victor Oye led APGA leadership in the 2021 Anambra State Governorship Election and in the nomination of APGA candidates for the 2023 general election?
Most bizarre of the position taken by INEC is the sheer effrontery by INEC to allude to the purported Owerri Convention as the basis for its recognition of Njoku after 5 years. By the combined effect of Section 223(2)(a) of the 1999 Constitution of the Federal Republic of Nigeria and Article 19(3) of APGA Constitution, officers of the party are elected for a maximum term of 4 years. If so, what term of office was INEC enforcing in 2024 (5 years after the alleged/purported Owerri Convention)?
In driving home this point, Hon. Justice Peter Chudi Obiorah in the Court of Appeal Judgment of 28th June, 2024 clearly stated as follows in his concurring judgment;
Whichever way one looks at it, taking a cue from the facts of the Supreme Court Judgment which was predicated on alleged election conducted at Owerri , Imo State on 31st May,2019 and the undisputed tenure of four years for elected officers of the party, it is not in doubt that whatever office any person lays claim by virtue of the election of 31st May,2019 has elapsed.”
Assuming but without conceding that the Court of Appeal declared Edozie Njoku as National Chairman the tenure in question has since elapsed constitutionally.
Again, in 2020 Edozie Njoku filed a suit praying for an Order of Mandamus to compel INEC to recognize him as APGA National Chairman. The suit was dismissed by the Federal High Court in 2022 and INEC was a party to the suit. How can INEC, knowing fully well that the Federal High Court denied Edozie Njoku's application for Mandamus, come back in 2024 to claim that the Supreme Court returned APGA back to the Owerri Convention? Just how conceivable can that ever be?
Indeed, so many questions are begging for answers from INEC!!! Is it conceivable that the Supreme Court could validate a National Convention that it had earlier declared as non-existent? or for the Supreme Court to validate two parallel Conventions of a political Party? This would possibly pass as the 10th wonder of the world!!!
The Supreme Court have come out categorically in its letter dated 6th of June,2024 that it never declared Edozie Njoku as APGA National Chairman by its corrected ruling of 24th March,2023 and that the National Chairman of INEC did not disobey the Supreme Court Judgment. Thus, on the strength of the Judgment of the Court of Appeal Kano affirmed by the Supreme Court and two other judgments of the Court of Appeal Abuja Division, one of which was presided by the President of the Court of Appeal, INEC had dealt with Chief Victor Ike Oye as the authentic National Chairman of APGA until he successfully served out his 2nd tenure on 31st May,2023 which ushered the new National leadership of APGA ably led by Barr Sly Ezeokenwa after INEC was served with the Notices required by S.82(1) of the Electoral Act 2022 .
The National Convention of APGA held on May 31, 2023 was duly monitored by officials of INEC, led by a National Commissioner, Barr. Festus Okoye and a Certified True Copy of the Monitoring report of the convention was issued by INEC authenticating that Barr Sly Ezeokenwa and other members of his led executive were duly elected at a properly convened National Convention of APGA. This National Convention of APGA that elected me as National Chairman has not been invalidated by any court of law to warrant my name being removed by INEC. It is an error that most not be allowed to thrive in our political journey in this country.
The simple poser to INEC remains:
Provide to Nigerians the Judgment or Order that mandated you to recognize Edozie Njoku as APGA National Chairman and under which tenure you are recognizing Edozie Njoku!
I, however understand the predicament INEC has found itself and the struggle at all cost to defend the indefensible recognition of a total stranger and a meddlesome interloper in the affairs of APGA. But there is absolutely no justification for the position taken by INEC and the ideal path of honour for INEC to tow is to reverse the wrongful and erroneous recognition.
Once again, we call on the Chairman of the Independent National Electoral Commission (INEC) at this point to be courageous and resilient to stand by the truth which he knows on the leadership tussle in APGA and ultimately correct the unpopular recognition of Edozie Njoku whose alleged Owerri Convention had long been declared invalid by a court of competent jurisdiction.
Furthermore, we urge the Inter Party Advisory Council (IPAC) and the respective States Independent Electoral Commission across the 36 States and FCT, not to succumb to the antics and cheap blackmail of Edozie Njoku to recognize strangers as APGA Acting States Executives or representatives. The officers of APGA elected across the various wards, Local Governments and States are still validly in office and cannot be replaced on the whims and caprices of one stranger falsely laying claim to APGA Leadership.
We call on the States Independent Electoral Commissions across the 36 States and FCT and the leadership of IPAC to appraise the various Court Judgments on APGA leadership to take an informed decision on any issue concerning APGA and to also know that there is no Court anywhere in Nigeria that ever declared Chief Edozie Njoku as National Chairman of APGA to warrant his recognition by INEC.APGA therefore state its preparedness to participate in the forthcoming local Government elections across the country. We call on all our members to participate in the said elections.
Finally, we firmly believe that the Supreme Court will speak further to clarify if there was anything in its ruling of 24th March, 2023 to be enforced in other to put to rest the misinterpretation arising from the correction of the accidental slip in its Judgment now that the misinterpretation of its judgment has found its way back to the Supreme Court challenging the Judgment of the Court of Appeal delivered on 28th June, 2024.
We therefore call on all our aggrieved members, supporters and Nigerians to remain calm knowing fully well that this is yet another storm in teacup.
I thank you all for listening
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