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INEC refusal to obey Supreme Court judgment: threat to Nigeria’s democracy

By Maxwell Ifowodu

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As Nigeria prepares for another transitional government come May 29, 2023, a pro-democracy movement, Save Democracy Group, is threatening to occupy Abuja due to INEC’s refusal to obey a Supreme Court Judgment of March 24, 2023 which clearly declared Chief Edozie Njoku as the National Chairman of APGA.

A few days ago, the group flooded strategic locations in Abuja with sensitization posters to draw the attention of opinion moulders and other democratic stakeholders to the subversive action of INEC.

The Sun Newspaper reported that posters were seen around INEC office, National Assembly, CBN, Transcorp, among others. The posters were placed in strategic locations.

One of the posters read: “INEC refusal to obey the Supreme Court judgment in recognizing Edozie Njoku as the authentic National Chairman of APGA is a recipe for the Destruction of Democratic Principles.”

Speaking with the group’s Director of Media Austin Igboeche he said; ‘Considering what we went through as a nation to evolve into a democratic state, it is difficult to comprehend why Nigerians will allow INEC to plunge Nigeria into an avoidable conflagration. What is Chief Victor Oye’s name still doing on INEC’s website when the Apex Court had ordered that it should be DELETED.’

He continued, ‘one thing INEC has struggled so hard to imprint in our minds is that the institution is infallible and above the law. This obnoxious narrative is designed to sustain the impunity for which the Commission has gained notoriety. But, it is up to us as a people, either to allow or stop it. This is simply our mission.’

However, looking at the Orders of the Supreme Court, it is difficult to grasp on what foundation the Commission is still retaining Oye’s name on its website as the National Chairman of APGA.

For the purposes of clarity, I hereby reproduce the breakdown of the Supreme Court’s consequential orders as contained in the Judgment of March 24, 2023;

(a)    ‘The Party Officials were elected at its National Convention held on 31st May 2019 at Owerri.’ (Hon Justice Kudirat Kekere-Ekun in Page 7 of her contributory Judgment).

(b)    ‘The suit had ABSOLUTELY NOTHING to do with Chief Victor Ike Oye.’ (Hon Justice Kudirat Kekere-Ekun in Page 9 of her contributory Judgment).

(c)    ‘That the subject matter decided by the Trail Court related to the suspension or removal of the Applicant (Chief Edozie Njoku) as the Chairman of the 1st Respondent and not that of the 2nd Respondent (Chief Victor Ike Oye) which was never pronounced upon by the Trail Court’ (Hon. Justice Mohammed Garba, JSC Page 11 of the Lead Judgment).

(d)    ‘In the two (2) Appeals before the Court below; ie. (CA/KN/121/2021) and CA/KN/146/2021 in which Chief Victor Oye; the 2nd Respondent was joined and from which the Appeals No: SC/CV/686/2021 and SC/CV/687/2021 arose, respectively, the 2nd Respondent did not claim and was not found to have been the Chairman who was suspended or replaced at the Owerri Convention of 31st May, 2019 and who the 3rd Respondent sought to take over from as the Acting Chairman…’ (Hon. Justice Mohammed Lawal Garba, JSC Page 25 of the Lead Judgment).

(e)    ‘In the correct and proper context of the material facts summarized by the Court at Page 13 of the said Judgment, the name ‘Chief Victor Oye’ was mentioned in error and it was a slip on the part of the Court as the correct name should have been that of the Chairman suspended at the Owerri Convention of 31st May, 2029, i.e Edozie Njoku who is the Applicant.’ (Hon. Justice Mohammed Lawal Garba, JSC Page 25 & 26 of the Lead Judgment).

(f)    Lastly, in Page 22 of Hon. Justice Mohammed Lawal Garba, JSC, the Court clearly listed the appropriate parties to the Suit which includes (Chief Edozie Njoku) as an Interested Party thereby exonerating him of any kind of forgery leveled against him by the Nigerian Police.

Clearly, INEC is up to some games. This matter is no longer about Chief Njoku or APGA; the architects in this tragic drama are simply passing a message, which if allowed to see the light of day may be a good bye to our cherished and valued democracy. Read more.

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