Summary of court ruling that affirmed APGA Convention that produced Njoku-led ex-co
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Summary of the FHC Abuja ruling by Hon. Justice A.R Mohammed on April 6, 2022 that affirmed the APGA Convention at Owerri which produced Chief Edozie Njoku led executives
The Federal High Court, Abuja Judicial Division in Suit No. FHC/BAU/CS/10/2020 BETWEEN:
Applicants
(1) Chief Edozie Njoku
(2) Barr. Hamman Buba Ghide
(3) Adamu Danjuma Musa &
(4) All Progressives Grand Alliance (APGA)
Respondents
(1) Independent National Electoral Commission (INEC)
(2) Dr. Victor Ike Oye
In determining the MOTION ON NOTICE dated 28/09/2020 but filed on 30/09/2020 by one Ezeokenwa Esq, challenging the filing of the said SUIT NO. FHC/BAU/CS/10/2020 on behalf of APGA on the following grounds;
(a) ‘The National Legal Adviser, the National Working Committee and the National Executive Committee of the Applicant (APGA), produced by the National Convention of the Party conducted on 31st May, 2019, being the only valid National Convention did not authorize the filing of the instant suit in its name by Nasiru Bala Malam and Chief C.N. Nwagbo of Counsel (these are Counsels to Chief Edozie Njoku led executives duly elected and returned at the Owerri Convention held on May 31st 2019 Convention).’
(b) ‘The Applicant (APGA) has the fundamental right to elect to prosecute or defend actions in its name and to authorize Counsel of its choice in that regard.’ TRUE.
(c) ‘By the Constitution of the Applicant (APGA), only the duly elected National Legal Adviser of the Party has the vires to authorize the filing of actions.’ TRUE.
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(d) ‘The Applicant (APGA) has accordingly authorized Counsel to file a Notice of Change of Counsel.’ Consequently, after taking arguments from the Counsel on the said Ezeokenwa’s application, the Court in its ruling delivered on April 6, 2022, held:
That Chief C.N. Nwagbo in showing that he has been duly authorized to file the action on behalf of the 4th Applicant (APGA) exhibited a letter duly issued to him on the letter head of the 4th Applicant (APGA) and duly signed by Chief Edozie Njoku, the National Chairman and Barr. Hamman Buba Ghide, the National Legal Adviser of the 4th Applicant (APGA) (both of whom are products of the Owerri Convention) authorizing C. N. Nwagbo. Esq to institute the action on behalf of the 4th Applicant (APGA), that the Court have no option but to recognize C.N. Nwagbo Esq as the Counsel authorized by the 4th Applicant (APGA) to institute the action in the 4th Applicant’s (APGA’s) name.’
Going forward, the trial Judge said;
(e) ‘I am not unmindful of the contention of the 1st – 3rd Applicants that they have been issued with Certificate of Return as National Officers of the 4th Applicant APGA by the 4th Applicant; it therefore means that the 4th Applicant APGA has duly recognized them as its National Officers. If that is the case, it is the 4th Applicant that should file the action in its name seeking the 1st Respondent (INEC) to recognize the 1st – 3rd Applicant and not the Applicants themselves.’
Here the Judge clearly stated that it is ONLY APGA through the National Legal Adviser, Barr. Hamman Buba Ghide that was ELECTED and duly RETURNED at the Owerri Convention of May 31st, 2019 that can file for the MANDAMUS on behalf of APGA.
Apparently, the suit was struck out because the Court viewed the 1st – 3rd Applicants as individuals applying for MANDAMUS. To buttress this, the Court stated that ‘this is because a suit like the instant one by a member claiming leadership position in a political party would always be regarded as an INTERNAL AFFAIR of a political party and therefore not justiciable’.
Conclusively, in view of the above Ruling, the Court has finally settled that Chief Edozie Njoku, Barr. Hamman Buba Ghide, Adamu Danjuma Musa and other Executives of the 4th Applicant (APGA) duly elected and returned at the 4th Applicant’s (APGA’s) Owerri National Convention held on the 31st May, 2019 are the authentic Executives of the 4th Applicant (APGA) as recognized by the Honourable Court in its Ruling of April 6, 2022.
Finally, as a matter of courtesy, to improve public knowledge, dispel rumour mongering and deliberate mischief, we have attached the Certified True Copy (CTC) of the FHC Abuja Ruling and other supportive documents for public scrutiny and proper information.
Okoro Chinedum Benedict
National Administrative Secretary, APGA
