Judicial Harakiri: Njoku kicks after Judge Omotosho attempted to shade Supreme Court Judgment

The National Chairman of the All Progressives Grand Alliance (APGA), Chief Edozie Njoku, has kicked against the attempt by a common judge of the Federal High Court of Abuja, Justice James Kolawole Omotosho, to shade a judgment of the Supreme Court of Nigeria.

Chief Njoku, in a statement made available to News Band, described the move as “judicial harakiri” and rascality of the highest order.

Njoku said amongst other things: “Today at the Federal High Court Abuja, Justice J.K. Omotosho did the unthinkable and attempted to upturn the Supreme Court’s Judgment of October 14th, 2021, and further corrected on March 24, 2023, which reinstated Chief Edozie Njoku as the National Chairman of APGA.

“Njoku was unlawfully removed by a High Court in Jigawa and erroneously held that INEC should accord Sylvester Ezeokenwa recognition instead.

“Justice Omotosho’s unbelievable judgment completely goes against the Supreme Court’s judgment, which insisted that Victor Oye’s name should be deleted completely from the judgment.

“Despite the overwhelming evidence put forward by INEC Lawyer, Paul Erokoro, SAN, and including letting the Judge Omotosho know that the matter was awaiting judgment in the Supreme Court, the Judge went ahead to make orders that were completely contrary to both the Court of Appeal and the Supreme Court Judgments.”

Njoku recalled that the Supreme Court had, on November 3, 2024, reserved judgment in the appeals filed by Victor Oye and Barr. Sylvester based on the decision of the Court of Appeal, Abuja Division.

The decision had upheld the enforcement of the Supreme Court judgment by the FCT High Court 40 Bwari, wherein Njoku’s position was unanimously confirmed as the National Chairman of APGA.

Judgments on the same subject matter have been reserved sine die, a position Justice Omotosho is well aware of.

He, however, ignored it and went ahead to give a judgment on a matter that was pending before the Supreme Court for Judgment.

According to the Nigerian Constitution, a Federal High Court can neither review nor upturn the judgments of the Court of Appeal, which INEC relied on to recognize Njoku as the National Chairman of APGA.

Njoku contended that Omotosho’s delivery of judgment on a matter awaiting judgment at the Supreme Court is “strange and leaves much to be desired”.

He noted that the contempt judgment against Chief Victor Oye and the INEC Chairman, which the Court of Appeal upheld, cannot be vacated or appealed against by a Federal High Court.

“It is only the Supreme Court that can either uphold, review, or set aside the judgments of the lower court, which INEC complied with.

“Until otherwise decided by the Supreme Court, INEC cannot, under any guise, contemplate removing Chief Edozie Njoku’s name at INEC, bearing in mind that the Supreme Court had declared that his removal is non-justiciable.

“Omotosho’s attempt to review the Court of Appeal judgment, which INEC relied on to recognize me as the National Chairman of APGA, is an ambush against the Supreme Court judgment.

“Notably, it is only the Supreme Court that can review or set aside its Judgements.

“The Federal High Court cannot under any disguise or circumstances review or set aside the decision of the Court of Appeal under our legal system, the Court of Appeal is higher in the hierarchy of Courts in line with the doctrine of Stare Decisis,” Njoku emphasised.

It could further be recalled that the Court of Appeal held that the May 31, 2023, convention, which produced Mr. Sylvester Ezeokenwa, violated the May 10, 2023, order of the FCT High Court 40, Bwari.

To this extent, Omotosho’s disregard for both Court Orders and Judgment is alarming and calls for concern.

The purported consequential orders that Omotosho churned out today which is aimed at ordering INEC to insert Sylvester Ezeokenwa’s name as APGA National Chairman was described as “comical”.

That is because there is a subsisting Court of Appeal judgment compelling INEC to obey the FCT Bwari High Court Judgment.

Njoku, therefore, urged all APGA members to remain resolute, calm, law-abiding, and focused, as there is light at the end of the tunnel.

“Our confidence in the judiciary should not be dampened or eroded amidst today’s decision.

“The provocation of today’s decision is not the end in itself but will be subjected to further review by superior Courts if necessary.

“We are all awaiting the Supreme Court Judgment which we are confident will uphold the rule of law and our restore hopes for a better tomorrow which we all yearn and aspire for,” he added.

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