The Federal High Court, Abuja Division presided over by Justice Omotosho Tuesday, dismissed the suit brought by Chief Chekwas Okorie and other persons purportedly nominated by Edozie Njoku as APGA candidates.
In a well-considered Judgment delivered earlier today 28th of March, 2023, the Learned Trial Judge held that the case constitutes a gross abuse of the Court process and a deliberate attempt to mislead the court by relying on an erroneous interpretation of the Supreme Court judgment.
Recall that Chief Chekwas Okorie and some group of persons had filed the suit claiming to be the duly nominated Presidential and National Assembly candidates of APGA as purportedly submitted to INEC by one Edozie Njoku as National Chairman of APGA.
In the Suit marked as FHC/ABJ/CS/1750/2022: Chief Chek was Okorie & 2 Ors v Independent National Electoral Commission & 3 Ors, the Plaintiffs therein claimed that following a corrected judgment of the Supreme Court, which recognized Edozie Njoku as National Chairman of APGA, that it was the said Njoku that was legally required to submit the list of APGA candidates.
They, therefore, prayed to the Federal High Court for an Order of Mandatory Injunction compelling INEC to publish their names as candidates of APGA and/or issue them with a Certificate of Return in places wọn by APGA.
While delivering judgment, the erudite Justice descended heavily on the Plaintiffs’ Counsel for attempting to mislead not just the Honourable Court but also the entire public by misrepresenting the decision of the Supreme Court.
The Court wondered how the correction of an accidental slip by the Supreme Court in its Ruling of 24/3/2023 would be interpreted by any sane person to mean that the Supreme Court affirmed Edozie Njoku as the National Chairman of APGA.
The Court warned that lawyers as Ministers in the temple of Justice must always uphold the truth and avoid any conduct that is capable of subjecting the Judiciary and the apex court to public ridicule.
The Learned Trial Judge stated unequivocally that the Supreme Court in its judgment of 14/10/2021 affirmed the judgment of the Court of Appeal, Kano Division including the finding that Chief Victor Oye remains the National Chairman of APGA.
The Court further held that by another Judgment of the Court of Appeal, Abuja Division, Chief Victor Oye was further affirmed as the National Chairman of APGA.
The Federal Court concluded that by the binding judgments of the Supreme Court as well as the Court of Appeal, Kano and Abuja Divisions, it is not in doubt that it is the National Working Committee of APGA under the leadership of Chief Victor Oye that are entitled to conduct primaries and submit the list of candidates that emerged thereat to INEC as candidates of APGA.
The Court thus dismissed the suit of Chief Chekwas Okorie and others for being without merit and awarded punitive cost against the Plaintiffs for wasting the precious time of the Court in instituting the frivolous suit.
Reacting to the judgment of the Federal High Court, the National Chairman of APGA Ọzọnkpu Dr Victor Ikechukwu Oye stated that the judgment has vindicated his earlier position on the correct interpretation of the Supreme Court judgment.
The visibly elated National Chairman expressed his utmost confidence in the judiciary as the last hope of the common man.
He urged APGA faithful to continue to pray for the Party as it continues to provide leadership.