APGA: Court order on Oye persists as counsel files for contempt of court
Njoku's counsel kicks as Oye tries to dodge trial
There is the likelihood that the embattled former National Chairman of the All Progressives Grand Alliance (APGA), Chief Victor Ikechukwu Oye, may have to answer for contempt charges proffered on him by Barr. Mike Ajara and Barr. Panam Ntui, Counsels to Otunba Camaru Lateef Ogidan, (National Vice Chairman South West of APGA) and Alhaji Mustapha Rabiu, National Welfare Officer of APGA) under the leadership of APGA National Chairman, Chief Edozie Njoku.
At the Court 40 of the Federal Capital Territory (FCT) High Court sitting in Bwari, on Thursday, Onyechi Ikpeazu, SAN, and Counsel to Oye rose and informed the Court that they have filed Notice of Appeal to the Court of Appeal in Abuja to strike out the Originating Summons for lack of jurisdiction.
It was legal fireworks after Ikpeazu presented his evidence of Interlocutory Appeal and prayed Hon. Justice Mohammed Madugu to defer to the Appeal Court and wait for the superior Court to decide on the matter.
He asked the court to adjourn sine die while the Notice of Appeal subsists.
The Learned Silk backed his request before the Court with commendable previous judgments and authorities.
However, Mike Ajara countered him, informing the Court that the business of the day was for the Court to attend to the Preliminary Objection of Oye’s Counsel,
He sought the leave of the Court to argue his further affidavit on Contempt Charges and told the Court that the two businesses of the day can go on simultaneously.
Ajara, who kicked against Ikpeazu’s request, said that Oye was merely trying to dodge the court, having earlier failed to obtain his prayers at the Bwari Court.
According to Ajara, Oye’s counsel brought in the application in order to tie the hands of the court and to continue to wallow in misbehaviour.
He noted that all the relevant parties subscribed to the powers of the primary court to adjudicate on the matter before flying to the appellate court.
As the Judge took record of his arguments, Ajara narrated how Oye, his assigns and privies have violated the Court Order and made mockery of the sanctity and reverence accorded to the Court, as the Temple of Justice.
Going further, he faulted Ikpeazu’s Appeal process and referred to it as ‘purported’ Appeal, because Oye’s Counsel has not formally applied to the Court for remittance of Court records to the Appeal Court.
To buttress his point, Ajara availed the Court a copy of the letter from the Office of the Chief Registrar of the FCT Court Apo (Appeal Section) which denied ‘not receiving any application for compilation and transmission of Record of Proceedings in Suit No: FCT/HC/CV/4068/2023’ to support his assertion.
From the point of law, if such application is submitted, due process demands that it is after 45days, without compliance, that Oye can approach the Appeal Court for any relief whatsoever.
Consequently, Ajara told the Court that the Notice of Appeal was designed to derail and stampede the Court. He reminded the Court that C.I. Mbaeri that represented Oye agreed with the Court’s decision of May 10, 2023 that Parties, their assigns or Privies should not hold meetings, Congresses or Convention of any sort pending the hearing of the substantive matter.
Mr. Ajara regretted bitterly that despite the agreement by the Counsels to the Parties, Oye went ahead to disparage and desecrate the Order of the Court.
Citing extant notable authorities to buttress his point, he prayed the Court to continue with the business of the day, so that afterwards, the Ikpeazu will have ample materials to proceed on Appeal.
He, therefore, asked the court to decline Oye’s application and continue the hearing.
Responding, the counsel to Victor Oye insisted that the request to adjourn the matter sine die is in order as the application has been filled before the Court of Appeal.
He opined that the matter will eventually returned to the table of the judge if the appeal court refuses or fails to give hearing on the matter.
Recall that Contempt Proceedings on Oye had been filed and served on May 22, 2023.
This has dire implications on Oye and on the Ward, Local Government and State Congresses which has been organized by Oye and his men.
It is most probable that Oye may have found himself in the same ditch he was in 2019, wherein he organized Congresses and Convention that were against a Court Order.
The Judge reserved ruling on the issue of jurisdiction for June 2, 2023. Read more.