Posted by News Express | 26 May 2023 | 284 times
The National Chairman of All Progressives Grand Alliance (APGA) Chief Edozie Njoku, has filed a contempt charge against Chief Victor Oye for disobeying a valid court order.
It will be recalled that Justice Mohammed Madugu of the High Court of the Federal Capital Territory, Bwari, had on May 10, restrained Oye from parading himself as the National Chairman of APGA or holding any meetings or gatherings, be it NWC, NEC Congresses or Convention in the name of APGA, pending the hearing and determination of a motion on notice before the court.
The court also ordered INEC from recognizing Chief Oye as the National Chairman of APGA based on the Supreme Court judgment of 24th March, 2023.
The application was filed by Otunba Camaru Lateef Ogidan, (National Vice Chairman South West of APGA) and Alhaji Mustapha Rabiu, National Welfare Officer of APGA under the Chief Edozie Njoku-led APGA.
At the resumed sitting on Wednesday, Mike Ajara, counsel to the APGA National Chairman Njoku, informed the court of the flagrant disobedience of its order by Oye and his group.
Ajara said the contempt proceedings were filed and served on May 22, 2023, and “has dire implications on Oye and on the Ward, Local Government and State Congresses which has been organized by Oye and his men”.
Meanwhile, counsel to the defendants, Onyechi Ikpeazu (SAN) informed the Court that they have filed Notice of Appeal at the Court of Appeal to strike out the Originating Summons for lack of jurisdiction.
While presenting his evidence of interlocutory appeal, Ikpeazu prayed for Justice Madugu to refer the matter to the Appeal Court and wait for the superior court to decide on the matter.
Reacting, Ajara narrated how Oye, his assigns and privies violated the court order.
Ajara faulted Ikpeazu’s appeal process and referred to it as ‘purported’ notice of appeal.
Njoku’s lawyer asked the court to discountenance Ikpeazu’s submission because he did not secure leave of court.
To buttress his point, Ajara availed the court a copy of the letter from the Office of the Chief Registrar of the FCT Court Apo (Appeal Section) which denied ‘not receiving any application for compilation and transmission of record of proceedings in Suit No: FCT/HC/CV/4068/2023’ to support his assertion.
Ajara explained that from the point of law, “if such application is submitted, due process demands that it is after 45 days, without compliance, that Oye can approach the Appeal Court for any relief whatsoever.”
Ajara told the Court that the Notice of Appeal was designed to derail and stampede the Court.
He reminded the Court that C.I. Mbaeri that represented Oye agreed with the court’s decision of May 10, 2023 that parties, their assigns or privies should not hold meetings, Congresses or Convention of any sort pending the hearing of the substantive matter.
Citing extant notable authorities to buttress his point, he prayed the court to continue with the business of the day, so that afterward, the Ikpeazu will have ample materials to proceed on appeal.
However, after taking submissions, the Judge reserved the ruling on the issue of jurisdiction for June 2, 2023. (Daily Independent)
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