The All Progressives Grand Alliance (APGA) has submitted a petition to the National Judicial Council (NJC) against Justice James Kolawole Omotosho.
This move comes after Justice Omotosho delivered a judgment on November 20, 2024, sacking Chief Edozie Njoku as APGA’s National Chairman and ordering INEC to replace him with Mr. Sly Ezeonwuka.
According to Chief Chekwas Okorie, the Founder and Chairman of the Board of Trustees of APGA, Justice Omotosho’s judgment is “provocative” and a “manifest act of impunity, recklessness, and rascality in the Temple of Justice.”
Okorie, who addressed press conference in Enugu on Tuesday, also expressed concerns that Justice Omotosho’s judgment may be an attempt to preempt the Supreme Court’s decision on the matter.
The APGA leadership dispute has been ongoing, with multiple court cases and appeals. The Supreme Court had previously upheld Chief Edozie Njoku as the National Chairman of APGA, but INEC initially refused to comply with the judgment. After several official communications, INEC finally complied with the Supreme Court judgment, after court appeal affirmed enforcement of the supreme Court judgement by an Abuja High Court.
However, Chief Victor Oye and Mr. Sly Ezeonwuka have continued to challenge the judgment, and the Supreme Court is set to deliver its judgment on November 29, 2024.
Justice Omotosho’s recent judgment has added another layer of complexity to the dispute, and the APGA has called for his investigation by the NJC.
Okorie had noted that “In the course of trial, the court ruled on a motion and ordered that no party to the suit before it should conduct congresses, conventions, and primaries pending the determination of the suit.
“True to character Chief Victor Oye in defiance of the court order proceeded to conduct a convention of the Party at the behest of Governor Chukwuma Soludo at Awka in Anambra State where they claimed to have elected one Mr Sly Ezeonwuka as National Chairman of APGA.
“The authentic APGA promptly filed forms 48 and 49 to commit Chief Victor Oye and Prof Yakubu Mahmood, the Chairman of INEC, to the Correctional Center for contempt of court.”
On the 6th of June, 2023, he explained, Justice Magudu of the FCT High Court 40 Bwari delivered a well considered judgment in favour of Chief Edozie Njoku and members of his National Working Committee as the authentic leadership of APGA in enforcement of the Supreme Court judgment.
“On the 29th of November, Hon. Justice Magudu convicted Prof Yakubu Mahmood and Chief Victor Oye for contempt of court but delayed sentencing out of leniency to allow the contemnors the latitude to purge themselves of contempt to January 2025.
“Chief Oye defied the court and proceeded to the Court of Appeal to challenge both the judgement on the substantive matter of the enforcement of the Supreme Court judgement and the judgement on contempt of court. Chief Oye formulated four grounds of appeal on his conviction for contempt of court and six grounds of appeal on the enforcement of the Supreme Court Judgement.
“On the 26th of June, 2024, a 3-man Justices of the Court of Appeal resolved all the 10 grounds of appeal in favour of APGA under Chief Edozie Njoku as National Chairman,” he explained.
Chief Okorie further narrated that it was after the unanimous judgement of the Court of Appeal that INEC led by Prof Yakubu Mahmood finally complied with the Supreme Court judgement, which enforcement was affirmed by the Court of Appeal.
At this time, he said concerned members of APGA and the general public heaved a sigh relief in the belief that peace had finally returned to the party. Unfortunately, Chief Victor Oye and Mr. Sly Ezeonwuka continued to the Supreme Court to challenge the judgement of Court of Appeal.
“On the 4th of November, a 5-man panel of Justices of the Supreme Court heard the suits and motion presented to it. The apex court reserved judgement on a date to be communicated to all parties. Which that date has been fixed for this Friday, 29th November 2024.
“It was at this point that Hon. Justice J.K. Omotosho, who had in his records all the processes narrated, marched into his court on the 20th of November, 2024, with rebellious audacity delivered a damning judgement that is tantamount to preempting the Supreme Court of Nigeria.”
He said that Justice Omotosho, in a scathing remark, indicted INEC for meddling in the internal affairs of APGA when all that the Commission did was to comply with the affirmation of the judgement of the Supreme Court as enforced by the Trial Court.
Chief Okorie, however, warned Prof Mahmood to be guided not to fall for Justice Omotosho’s coercion and intimidation, reminding that himself and Victor Oye remained contemnors.
“APGA has taken the civilized step of submitting the Party’s petition to the NJC while patiently awaiting the judgement of the Supreme Court without being cowered in the least by the vaunting of Gov. Chukwuma Soludo and his agent provocateur who claims to have the connection to steer the course of justice in all circumstances and at all levels in Nigeria,” he stated.
