The National Chairman of the All Progressives Grand Alliance (APGA), Chief Edozie Njoku, has accused Justice James Omotosho of the Abuja division of the Federal High Court of subverting the course of justice by delivering judgment on a subject matter that the Supreme Court has already entertained and reserved for judgment.
Besides, Njoku further accused the judge of reviewing the judgment of the Court of Appeal, which is already a subject of an appeal at the Supreme Court. The APGA national chairman was reacting to the Wednesday judgment entered by Justice Omotosho, directing the Independent National Electoral Commission (INEC) to recognise Sylvester Ezeokenwa as the National Chairman of APGA.
While calling on party faithful to remain calm, resolute, and law-abiding in the face of the provocative judgment, Njoku expressed confidence that the decision would not stand the test of time if subjected to further review by superior courts.
In a statement titled “Judicial Harakiri: Omotosho Shades Supreme Court Judgment,” Njoku said: “Justice Omotosho’s unbelievable judgment completely goes against the Supreme Court judgment, which insisted that Victor Oye’s name should be deleted completely from the judgment.
“Today, at the Federal High Court Abuja, Justice J.K. Omotosho did the unthinkable and attempted to upturn the Supreme Court judgment of October 14, 2021, and further corrected on March 24, 2023, which reinstated Chief Edozie Njoku as the National Chairman of APGA, who was unlawfully removed by a High Court in Jigawa, and erroneously held that INEC should accord Sylvester Ezeokenwa recognition instead.”
“Despite the overwhelming evidence put forward by INEC’s lawyer, Paul Erokoro (SAN), and including informing Justice Omotosho that the matter was awaiting judgment in the Supreme Court, Justice Omotosho went ahead to make orders that were completely contrary to both the Court of Appeal and the Supreme Court judgments.”
The statement noted that “the Supreme Court on November 3, 2024, reserved judgment in the appeals filed by Victor Oye and Sylvester Ezeokenwa, based on the decision of the Court of Appeal, Abuja division, which upheld the enforcement of the Supreme Court judgment by the FCT High Court 40, Bwari, wherein Chief Edozie Njoku’s position was unanimously confirmed as the National Chairman of APGA.”
“While the judgments on the same subject matter have been reserved sine die, a position Justice Omotosho is well aware of, he ignored it and went ahead to give a judgment in a matter that was pending before the Supreme Court for judgment.”
“A Federal High Court can neither review nor upturn the judgments of the Court of Appeal, which INEC relied on to recognise Chief Edozie Njoku as the National Chairman of APGA. The contempt judgment against Chief Victor Oye and the INEC Chairman, which the Court of Appeal upheld, cannot be vacated or appealed against by the Federal High Court.”
“Omotosho’s delivery of judgment on a matter awaiting judgment from the Supreme Court is strange and leaves much to be desired. It is only the Supreme Court that can uphold, review, or set aside the judgments of the lower courts, which INEC complied with. Until otherwise decided by the Supreme Court, INEC cannot, under any guise, contemplate removing Chief Edozie Njoku as the National Chairman of APGA.”
“Omotosho’s attempt to review the Court of Appeal judgment, which INEC relied on to recognise Chief Edozie Njoku as the National Chairman of APGA, is an ambush against the Supreme Court judgment.”
“The Court of Appeal’s position that the May 31, 2023, convention, which produced Sylvester Ezeokenwa, violated the May 10, 2023, order of the FCT High Court, to this extent, Omotosho’s disregard for both court orders and judgments is alarming and calls for concern.”
“The purported consequential orders that Justice Omotosho churned out today, which are aimed at ordering INEC to insert Sylvester Ezeokenwa’s name as the National Chairman of APGA, are comical,” the statement reads.
The Sun Nigeria
