Justice JK Omotosho of the Federal High Court in Abuja has come under fire from Chief Chekwas Okorie, the founder and chairman of the All Progressives Grand Alliance (APGA) Board of Trustees, over his recent decision regarding the turmoil engulfing the party.
Concerned Nigerians who have been watching the lengthy and winding leadership hearings in different Nigerian courts were said to have gained a new perspective on the issue on Wednesday, November 2024, when Justice Omotosho issued a bold ruling about the APGA leadership dispute.
In his decision, the judge accused the Independent National Electoral Commission (INEC) of interfering in APGA’s internal affairs and directed the Commission to recuse Chief Edozie Njoku as the party’s national chairman and appoint Mr. Sly Ezeonwuka, Governor Chukwuma Soludo’s personal assistant, in his place.
Recall that a five-member Supreme Court panel unanimously upheld Chief Edozie Njoku as the Party’s National Chairman on March 24, 2023.
Citing numerous Supreme Court rulings, the highest court categorically upheld the argument that the High Court of Birnin Kudu in Jigawa State’s alleged dismissal of Chief Edozie Njoku was not subject to judicial review.
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One of the parties to the lawsuit, INEC, disregarded the Supreme Court’s unequivocal ruling.
The Chief Bailiff of the Supreme Court served the enrolled order of the ruling directly to INEC, among other formal correspondence, but the Commission refused to back down.
In order to enforce the Supreme Court’s ruling, two members of the APGA National Working Committee went to the FCT High Court 40, Bwari. This was done in accordance with the 1999 Constitution of the Federation Republic of Nigeria, as amended, which states that any court of record below has the authority to do so if any of the parties fail to comply.
A motion was heard during the trial, and the court ordered that no party to the suit should have primaries, conventions, or congresses until the suit was decided.
Chief Victor Oye disregarded the court’s ruling and held a party convention in Awka, Anambra State, where they chose Mr. Sly Ezeonwuka to be the APGA’s national chairman.
The APGA, led by Njoku, swiftly submitted forms 48 and 49 to send INEC Chairman Prof. Yakubu Mahmood and Chief Victor Oye to the Correctional Center for contempt of court.
In a well-considered ruling on June 6, 2023, Hon. Magudu of the FCT High Court 40, Bwari, affirmed the Supreme Court’s ruling in favor of Chief Edozie Njoku and his National Working Committee members as the legitimate APGA leadership.
Hon. Justice Magudu found Chief Victor Oye and Professor Yakubu Mahmood guilty of contempt of court on November 29, 2023, but postponed punishment out of leniency to give the defendants time to clear their names.
Chief Oye went back to the Court of Appeal to contest the ruling on contempt of court as well as the ruling on the legality of the Supreme Court’s ruling.
Following Chief Edozie Njoku’s appointment as National Chairman, a three-member panel of Justices of the Court of Appeal decided all ten grounds of appeal in favor of the APGA on June 26, 2024.
Following a unanimous ruling by the Court of Appeal, INEC eventually complied with the Supreme Court’s ruling, which the Court of Appeal upheld.
To contest the Court of Appeal’s ruling, Chief Victor Oye and Mr. Sly Ezeonwuka proceeded to the Supreme Court.
The Supreme Court’s five-member panel of justices considered the motions and suits that were brought before it on November 4. On a date that will be shared with all parties, the highest court reserved decision.
Considering all of these factors, Okorie characterized Justice Omotosho’s decision on November 20, 2024, as a defiant and scathing finding that, in his opinion, amounted to preempting the Nigerian Supreme Court.
Justice Omotosho made a harsh statement accusing INEC of interfering in APGA’s internal matters, despite the fact that the Commission only followed the Trial Court’s enforcement of the Supreme Court’s ruling.
It is necessary to advise Prof. Mahmood not to succumb to the pressure and threats of Justice Omotosho.
“APGA has taken the tactful step of submitting the Party’s petition to the NJC while waiting patiently for the Supreme Court’s ruling, unfazed in the least by the boasting of Governor Chukwuma Soludo and his provocateur agent, who assert that they have the connections to guide the path of justice in all situations and at all levels in Nigeria.”
