In a judgement on Wednesday, the court also awarded an N20 million fine against Edozie Njoku for filing a frivolous suit at FCT High Court, Bwari.
A few days ago, the Federal High Court in Abuja restrained Njoku from parading himself as the national chairman of the party.
Justice James Omotosho, in a judgment, held that there was no valid court judgment or order, including a judgment from the Supreme Court, that recognised Mr Njoku as APGA national chairman.
APGA and Sylvester (SLY) Ezeokenwa (National Chairman, APGA) had, in the suit marked: FHC/ABJ/CS/966/2024, filed the suit as 1st and 2nd plaintiffs.
In the originating summons filed on 12 July, the plaintiffs sued the Independent National Electoral Commission (INEC) and Mr Njoku as 1st and 2nd defendants.
They filed the suit following the removal of the names of Mr Ezeokenwa, a legal practitioner, and his executive officers from the INEC website, and the replacement of same by the names of the Njoku-led leadership of APGA by the electoral umpire on 9 July.
Delivering the judgment, Justice Omotosho held that INEC was wrong to have recognised the Njoku-led leadership of the party.
“There is no subsisting court order upon which it acted. The decision of the Supreme Court was clear as to who the national chairman should be and it is certainly not Chief Edozie Njoku.
“Chief Victor Oye was in fact recognised by law. Furthermore, at the expiration of his (Oye’s) tenure in 2023, a national convention was held on 31st May 2023 in Awka, Anambra State which produced the 2nd Plaintiff (Ezeokenwa) and other persons as national executives.
“The 1st defendant (INEC) monitored same and issued report (Exhibit APGA 1).
“There is nothing before this court faulting the election of 2nd plaintiff and his executive team as the rightful occupants of the national executive of the party.
“The Ist defendant must, therefore, restore their names as the National Executive Officers of All Progressives Grand Alliance party,” he said.
The judge held that the Supreme Court had settled the matter in the case between Njoku and Oye on who the valid national chairman of the party was in suit number: SC/CV/687/2021 dated March 24, 2023.
He held that the Supreme Court did not alter the substance of the judgment delivered on 14 October 2021, “affirming the judgment of the Court of Appeal which set aside the judgment of the High Court of Jigawa and held that who should be the acting national chairman of the party is within the confines of the internal affairs of the party which is not justiciable.”
According to Omotosho, there is clearly no order by the Supreme Court recognising Chief Edozie Njoku as chairman of the party and it is a wonder how the Ist defendant could have claimed that its action was based on a purported court order.
