Overruling Supreme Court: Justice Omotosho places his integrity & incorruptibility as judge at stake

The first law of nature is justice. Hence, the pillar of every democratic society is built on the principle of justice and its sustenance. Therefore, the lifespan of every given society is determined by the ability of the judiciary to ensure that justice is not only served but also preserved at all times.

The basis upon which man, in the pristine age gave up self-help and willingly consented and submitted to be governed was based on the assurance by the Leviathan that the Social Contract will make justice readily available and also advance the protection of lives and properties.

The above extract underscores why the selection of Judges is a sacred duty to a nation. Once selected, they are respected, revered, and worshipped because they have the capacity and propensity to steer human destiny in any direction. Given the sensitivity and sanctity of the role of judges in a democracy, to contemplate a corrupt Judge is to reason calamity.

In capturing the harm that a corrupt judge will inflict on a society UWAIS JSC said:

“A corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. The latter can be restrained physically. But a corrupt judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office while still being referred to as Honourable’.

Putting it more succinctly, Oputa JSC said: ‘… No one should go to the bench to amass wealth, for money corrupts and pollutes not only the channels of justice but also the very stream itself. It is a calamity to have a corrupt judge. The passing away of a great advocate does not pose such public danger as the appearance of a corrupt judge on the bench, for in the latter instance, the public interest is bound to suffer and elegant justice is mocked, debased, depreciated and auctioned. When justice is bought and sold, there is no more hope for the society. What our society need is an honest, trusted and trustworthy Judiciary”.

The above analysis on the dangers of corrupt judges explains why the APGA leadership tussle was deliberately muddled up by some Judges as it became a revenue stream for them.

On November 20, 2024, while delivering judgment in Suit No.: FHC/ABJ/CS/966/2024: APGA & Anor v. INEC & Anor Hon. Justice James Kolawole Omotosho scruffily declared Mr. Sylvester Ezeokenwa, as the National Chairman of APGA.

Pertinently, Counsels to Chief Edozie Njoku (the rightful National Chairman of APGA) and the party APGA itself, duly informed His Lordship that Mr. Ezeokenwa is an appellant (with leave to appeal from the court of Appeal as an Interested Party) on the same APGA leadership tussle, before the Supreme Court.

Notably, Mr. Ezeokenwa is standing trial for contempt of court on the same matter, and Victor Ike Oye, who was convicted for contempt and his conviction affirmed by the Court of Appeal, Abuja Division (in Appeal Nos. CA/ABJ/CV/724/2023 & CA/ABJ/CV/1169/2023), for his role in disobeying the Court Order of May 10, 2023, in (Suit No. FCT/HC/CV/4068/2023), wherein the Court specifically warned parties not to conduct any congress, meeting or convention.

Strangely, in defiance of the subsisting Court Order Victor Oye conducted an illegal convention on May 31, 2023, which produced Sylvester Ezeokenwa. It is this illegal convention that Justice Omotosho relied on to proclaim Mr. Ezeokenwa as the National Chairman of APGA.

However, while delivering judgment on June 28, 2024, the Hon. Justice Uchechukwu Onyemenam, JCA, in reaction to the judgment of Hon. Justice H. O Ozor of the Anambra State High Court at Otuocha (in Page 32 of her lead judgment), stated: ‘…the appellant (Chief Victor Oye) herein notwithstanding his awareness of the existence of the instant suit and the order of the court made on May 10, 2023 restraining the parties from holding the national convention maliciously obtained another order on May 12, 2023; from the High Court of Anambra State allowing him to hold the national convention. The act of the appellant (Chief Victor Oye) is not only a judicial abuse, it is also fraudulent’.

Interestingly, on June 8, 2023, in his desperate attempts to vacate May 10, 2023, Court of Order of the FCT High Court 40, Bwari, Victor Oye filed for an appeal at the Court of Appeal, Abuja Division, but lost. The Court of Appeal, Abuja Division, struck out the matter for lack of merit, which was never appealed at the Supreme Court by Chief Victor Ike Oye.

Still not satisfied with the outcome of the Court of Appeal decision on the Court Order, Chief Victor Oye and his lawyers moved to Anambra State High Court at Otuocha in an attempt to nullify the effects of May 10, 2023, FCT High Court 40 Bwari order, which was presided over by Justice H. O Ozoh (in Suit No. OT/79/2023). They got a judgment on May 12, 2023 which they purportedly relied on to conduct the May 31, 2023 convention.

In compensation to Justice H. O Ozoh, for the miscarriage of justice for his unconscionable Court Order of May 12, 2023, Governor Soludo appointed him as the presiding Judge in charge of the Election Petitions Tribunal for the Local Government Elections conducted on September 28, 2024.

The idea of compensating Judges who sell justice for pittance remains the bane of the judiciary.

An in-depth inquiry into Hon. Justice Omotosho’s judgment reveals a judgment hurriedly concocted to mock the Supreme Court.

A cursory look at (pages 37, 40, and 46) of Justice J. K Omotosho’s judgment under the doctrine of Stare Decisis, erred in law when he stated that Chief Victor Oye was the rightful National Chairman elected on May 31, 2019, at the Awka convention. Contrary to Omotsho’s claim, Justice Kekere Ekun JSC, in her contributory judgment of the Supreme Court Judgment (Appeal No: SC/CV/687/2021) of March 24, 2023, on page 7, stated: ‘The party officials were elected at its national convention held on 31/5/2019 at Owerri.’

Similarly, Justice Lawal, JSC in his submission (on page 24) of the judgment delivered stated:

‘It cannot seriously be disputed that the Chairman allegedly suspended at Owerri, Imo State and who the 3rd respondent (Garba Aliyu) sought to replace as acting National Chairman in the suit he filed before the trial court, against the appellant, Chief Jude Okeke and INEC, was Chief Edozie Njoku; (i.e the applicant). The name of Chief Victor Oye; the 2nd Respondent, was not included or even mentioned in the case that the 3rd Respondent filed; i.e as a person or as the Chairman of the 1st Respondent (APGA) suspended or replaced at the Owerri convention of 31/5/2019.”

Again, contrary to Justice Omotosho’s basis for declaring Mr. Ezeokenwa National Chairman of APGA, Justice Lawal (on page 25) held: ‘The 2nd Respondent (Chief Victor Oye) did not claim and was not found to have been the Chairman who was suspended or replaced at the Owerri convention of 31/5/2019’.

The foundation of the Supreme Court decision is that Chief Victor Oye wasn’t at the Owerri convention.

Hon. Justice J.K Omotosho strayed on the points of law and common reasoning (on page 50) of his judgment when he misquoted and misinterpreted the Supreme Court by stating that it was Chief Victor Oye that replaced Chief Edozie Njoku when he was suspended/removed as Chairman at the Owerri convention.

Whereas, Justice Lawal stated (on page 24 of the judgment of 24/3/2023) that “the 3rd respondent as plaintiff, filed the case before the trial court to claim to be the acting national Chairman of the 1st respondent (APGA) in place of the Chairman allegedly suspended at the national convention of the 1st respondent held on the 31/5/2019 at Owerri, Imo State. It cannot seriously be disputed that the 3rd respondent sought to replace as acting chairman in the suit he filed before the trial court, against the applicant, Chief Jude Okeke, and INEC, was Chief Edozie Njoku; i.e the applicant. The name of Chief Victor Oye; 2nd respondent was not included in the case that was filed by the 3rd respondent, either as a person or as the Chairman of the 1st respondent suspended or replaced at the Owerri convention of 31/5/2019.”

Accurately, it was Chief Jude Okeke who benefitted from the judgment of the trial court and subsequently replaced Chief Edozie Njoku as the National Chairman and not Chief Victor Oye as claimed by Justice J. K Omotosho.

Erroneously, Justice J. K Omotosho (on page 50), stated, ‘there is no court order recognizing Chief Edozie Njoku as the National Chairman.’ But Hon. Justice Kekere Ekun (on page 7) stated that “the party officials were elected at it’s national convention held on 31/5/19 at Owerri.’

Herein, (No. 21) Justice J.K Omotosho demonstrated puerile reading of the Supreme Court judgment of March 24, 2023, wherein, Hon. Justice Olatokunbo Motonmori Kekere Ekun, JSC (on Page 9) of her contributory judgment categorically stated:

‘It is therefore crystal clear that the dispute that gave rise to Appeal Nos: SC/CV/687/2021 & SC/CV/686/2021 was who should be that Acting National Chairman of the 1st Respondent and whether the ERSTWHILE National Chairman, Chief Edozie Njoku, was validly replaced. The suit had ABSOLUTELY NOTHING to do with Chief Victor Ike Oye.’

Surprisingly, the judgment of the Court of Appeal Kano Division (CA/KN/146/2021) which Hon. Justice J.K Omotosho quoted copiously and relied on in his judgment was completely thrown out by the Supreme Court Judgment of March 24, 2023; making it ABUNDANTLY clear that Chief Victor Oye has absolutely nothing to do with this suit. Hence, the Court declared;

‘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 in the suit filed before the trial court…’

Hon. Justice J.K Omotosho’s judgment of November 20, 2024, is fraught with indefensible inconsistencies and innuendoes with no legal foundation. A careful read of the judgment shows that he struggled to reach a premeditated destination. To achieve it, he threw caution to the wind and committed one of the most odious judicial heists that, if not corrected will hunt Nigeria’s legal jurisprudence for a long time.

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