It was a well considered and thorough judgment of the Special Panel of the Court of Appeal Kano Judicial Division, today August 10, 2021.
The three- man Special Panel, led by Tsammani JCA, began by holding that the suit at the trial Court was a leadership tussle in APGA.
Accordingly, by the clear provisions of Section 285(14)(a)-(c) of the 1999 Constitution (as amended); the suit is not a pre-election matter.
The Court of Appeal relied on the binding recent decisions of the Supreme Court delivered on March 5 2021 in IGO AGUMA v APC and APC v. DELE MOSES which arose from APC crisis in Rivers State, to firmly hold that the suit at the trial Court which led to the instant appeal, was never a pre-election matter as defined by the Constitution and upheld by the Supreme Court.
On that premise, the purported Preliminary Objections of the 1st and 2nd Respondents, one Garba Aliyu and his co-traveller, one Jude Okeke were dismissed as grossly misconceived.
Not being a pre-election matter, the Court found the arguments of the 1st and 2nd Respondents that the appeal of APGA and Oye was filed out of time, to be grossly misconceived.
Moving on, the Court of Appeal excoriated Musa Ubale J. of Jigawa State High Court for exceeding his territorial jurisdiction and dabbling into APGA matters that arose outside Jigawa State.
For denying APGA and Oye fair hearing by hearing the suit behind their back, the Court of Appeal held that the judgment of Musa Ubale of Jigawa State High Court, was unconstitutional and a complete nullity.
The Court of Appeal further relied on the APGA Constitution 2019 to find as a fact that Oye remains the incumbent National Chairman of APGA having been re-elected on May 31, 2019 at APGA National Convention in Awka for another 4 year tenure.
The Court of Appeal also took Judicial Notice of the judgment of Anambra State High Court, delivered on November 18 2020, which affirmed the validity and subsistence of APGA National Convention of May 31 2019 in Awka.
All the 5 Issues for Determination, formulatd by the Appellants were resolved in their favour, leading to the appeal being wholly allowed.
The proceedings and judgment of Musa Ubale J. of Jigawa State High Court was declared a nullity and accordingly quashed.
Regarding the sister appeal numbered as Appeal No. CA/KN/121/2021, which the 1st and 2nd Respondents (Aliyu and Okeke) filed to perpetuate their Jigawa black market judgment, the Court of Appeal determined that the appeal is spent. It was deemed superfluous and an academic sojourn, undeserving of precious judicial time.
The appeal was accordingly struck out vide a Judgment delivered by Maiwada Abdullahi JCA.
In today’s proceedings, APGA and Oye were represented in Court by Chief Steve Nwoga and Ifeanyi Mbaeri Esq. as Counsel.
The National Vice Chairman South East of APGA and the party’s Senatorial Candidate in Enugu East Senatorial District in the 2019 general election, Chief Uche Nwegbo, stood up in Court as representative of the 1st Appellant, APGA.
APGA THANKS MILLIONS OF ITS SUPPORTERS, THUMPS UP FOR THE JUDICIARY
The All Progressives Grand Alliance (APGA) has praised the judiciary for standing firm in defence of the Constitution of the Federal Republic of Nigeria and its statutes.
Reacting to the unanimous judgment delivered by the three Justices of the Appeal Court, Kano Judidcial Division, today the National Chairman of the party, Ozonkpu Victor Ike Oye, through the National Publicity Secretary of the party, Barrister Tex Okechukwu, described the judgment as a watershed in Nigeria’s political life.
He praised the Justices that sat over the case for their courage, uprightness and commitment to the promotion of justice, equity and fairness.
Ozonkpu Oye said that the judgement had renewed the hope of the people of the country in the judiciary and appeald to the National Judicial Commission and the Disciplinary Committee of the Nigerian Bar Association to ensure that any judge or lawyer found guilty of professional misconduct was brought to justice.
He used the opportunity to call on the Independent National Elelectoral Commission (INEC) to do the needful without further delay by publishing the name of Professor Chukwuma Charles Soludo as the rightful candidate of APGA for the November 6 Anambra State Governorship Election.
He congratulated millions of APGA supporters across the country, especially those of them in Anambra State, for their steadfastness and support.
He thanked the members of the National Working Committee (NWC), NEC and the BOT of APGA for their individual and collective role in stabilising the party while the distraction lasted, and appealed to them not to relent.
The APGA boss called on all those still feuding with the party to embrace common sense and peace and return to the fold, so that “together we will win the forthcoming governorship election as one united family.”
He thanked God almighty for the victory and appealed to every Nigerian to continue to trust in God in their hours of tribulation.