The Supreme Court has directed the Independent National Electoral Commission, INEC, to recognise Edozie Njoku as the National Chairman of the All Progressives Grand Alliance (APGA).
OsunDaily News reports that this was made known in the Certified True Copy (CTC) of its judgment on the APGA leadership tussle between Njoku and Victor Oye, forwarded to INEC by the apex court Registrar, Litigation, Zainab Garba.
The proof of service of the judgment dated April 5, 2023, which was in respect of an appeal marked SC/CV/687/2021 between Jude Okeke versus APGA & others, was received at 3:54 pm on the same day by the Litigation and Prosecution Department of INEC.
According to Vanguard, the document read: “I forward herewith for your information and necessary action, the order under the hand of the Honourable, the Chief Justice of Nigeria/Presiding Judge and the seal of the Court in respect of the above appeal.
“I also enclose herewith certified copy of the order and of the judgment of the Court.”
Recall that the Supreme Court had on March 24, in a unanimous decision by a five-man panel of Justices, admitted that it had, in a judgment, it delivered in 2021, erroneously wrote the name of Chief Victor Oye as national chairman of the party.
In the lead ruling that was delivered by Justice Mohammed Lawal, the apex court said it has the power to review its judgment and correct such “accidental slip or error” when it is brought to its attention.
It, therefore, issued an order, deleting the aspect of the judgment where Oye’s name was reflected as the party’s national chairman.
The ruling followed a motion that was brought before the court by Njoku.
Njoku had, in an application filed through his team of lawyers led by Chike Onyemenam, SAN, urged the apex court to correct a typographical error in its judgment, which he said wrongly handed the leadership of the party to Chief Oye.
The Applicant noted that the Supreme Court had, in a letter it wrote to him on January 19, wherein it addressed him as the National Chairman of APGA, asked him to approach it by way of a motion to regularize the said judgment.
Relying on Order 8 Rule 16 of the Supreme Court Rules, Njoku prayed the court to correct the said error in the lead judgment it delivered on October 14, 2021, in an appeal that was presided over by Justice Mary Peter-Odili (Rtd).
He specifically urged the apex court to correct an accidental slip on Page 13, lines 3 to 4 of its judgment, where instead of writing the name of ‘Edozie Njoku’ who was unlawfully removed from his position as the person that was validly elected as National Chairman of APGA at the convention the party held at Owerri in 2019, mistakenly inserted the name of Victor Oye, who was not a party in the substantive suit that gave rise to the appeal.
In its ruling, the apex court held that there was merit in the application and accordingly granted it.
Reacting to the latest development, Njoku said he was optimistic that INEC would comply with the directive of the Supreme Court by effecting the necessary changes on its website.
“I am confident and optimistic that INEC will obey the Supreme Court Judgment having been served with the CTC,” Njoku stated.
He stated that the party would not issue any ultimatum to the electoral body.
“We are looking at one or two weeks time frame for the order to be obeyed,” he added.
Oye’s Faction Kicks
However, the factional national chairman of APGA, Chief Oye, has vowed to approach the apex court for further clarification on the matter, insisting that the Supreme Court had repeatedly stressed that the issue of the leadership of a political party was non-justiceable.
A member of Oye’s legal team, who pleaded not to be mentioned, told Vanguard on Sunday that the Federal High Court in Abuja had, in a recent judgment, settled the leadership crisis in APGA.
He said: “Contrary to what is being circulated in the media, the leadership dispute in APGA was settled by the high court in a recent judgment that was delivered by Justice John Omotosho.
“The court, in that judgment, recognized Chief Oye as the authentic national chairman of the party.
“So, to further clear the fog, we have concluded plans to also approach the Supreme Court to seek further clarification on its purported judgement in favour of Njoku.”
