Enugu division of the Court of Appeal, on Monday, restored Chief Victor Umeh as the national chairman of the All Progressives Grand Alliance, APGA
The court voided the judgement of the Enugu State High Court delivered by the State Chief Judge, Justice Innocent Umezulike on February 8, 2013 that sacked the entire National Working Committee of APGA on the ground that their tenure elapsed since 2010.
In a lead judgment delivered by Justice Tom Yakubu on behalf of two other justices in the appeal panel, Justices Paul Galinje (Chairman) and Modupe Kwasami, the appellate court granted all the four reliefs sought by the applicant (Umeh) and resolved all the issues set out for determination in his favour.
The lower court had in its ruling on the case against the APGA National Chairman by a member of the party in Enugu State, Mr. Jude Okuli, ordered for Umeh’s removal on the grounds that his tenure had expired.
The court declared the November 10, 2011 National Convention of the party where Umeh and other NWC members were re-elected as unconstitutional.
Delivering the judgment on the appeal, Justice Yakubu dismissed all the objections raised by the respondent (Okuli) against the appeal saying the lower court had no jurisdiction ab-initio to entertain the case brought before it, since according to him, the plaintiff having been expelled by his state chapter from the party, had no locus standi to institute the action.
He said that even if Okuli was not expelled from the party, he was neither a contestant for the position of National Chairman or a member of the NWC whose interest may be affected if Umeh remained in office.
On Okuli’s expulsion from the party, the court frowned at the decision of the lower court restoring him as a member of the party when he (Okuli) had in his affidavit admitted that he was expelled from the party, stressing that the trial judge went beyond his powers in granting a relief not sought by the plaintiff.
“The court must concern itself to the issues submitted to it by parties, the judgment of the lower court smacks of a sympathizer weeping more than the bereaved and the court is not suppose to be a Father Christmas or a charitable organization, Yakubu said.
“I am of the considered opinion that the respondent (Okuli) has no locus standi to institute the action and the trial court shouldn’t have wasted time trying the matter because it assumed jurisdiction which it did not possess. There are several authorities that the courts should not interfere with the internal affairs of the political parties except on issue of wrongful substitution as contained in Section 87 (9) of the Electoral Act 1999 as amended,” Justice Yakubu further said.
On the issue of non-joinder of APGA as a political party, Justice Yakubu held that since whatever reliefs sought in the matter were expected to be binding on APGA, it was completely wrong to exclude the party from the case as that amounted to “shaving a man’s head in his absence”.
The court upheld the submissions of Chief Umeh’s lead counsels, Wole Olanipekun, SAN, and Patrick Ikweto, SAN that the trial court overreached itself when it ruled that the APGA National Convention of November 10, 2011 was unconstitutional contending that it was the invalidation of the convention that was the fulcrum and basis for granting the erroneous injunctions that removed the appellant from office.
“The respondent did not ask that the convention be cancelled, why do so? He was not asking to be sworn in as APGA National Chairman or that he won or participated as a contestant in the convention yet the lower court granted the extraneous reliefs he sought against the appellant.
“We find this appeal not lacking in merit and consequently the appeal is allowed; the judgment of Justice Umezulike is hereby set aside, and a cost of N50,000 is hereby awarded in favour of the appellant,” the court ruled.
Reacting to the judgement, Umeh who was accompanied by other members of the National Working Committee of the party, former Governorship candidate of the party in Imo State, Chief Martins Agbaso and the State Chairmen of the party, said the decision of the court has rekindled his confidence in the Nigerian judiciary, stressing “All those who listened to the ruling of the Appeal Court heard that all the decisions against me by the Enugu Chief Judge have been set aside.
“All our grounds of appeal were successful; that the Chief Judge of Enugu State has no business prosecuting me; God has vindicated me and APGA today. We thank God Almighty.
“Before we leave this arena, may I thank the Nigerian judiciary, this has restored our confidence in the judiciary. This is a case of David and Goliath. We did not have money the big pockets but God gave us victory because we have God. From today, by the decision handed down by this Court of Appeal, our party is coming back”.
While thanking his team of lawyers led by Chief Wole Olanipekun, members of APGA NWC, stalwarts, stakeholders and the entire members of the party for their unflinching support during the trying period, Umeh, however, assured the leadership of the party lin Anambra State, which is loyal to him that they remained the authentic executive of the party in the state.
He assured that APGA would win the forthcoming Governorship election in Anambra State saying the hurdle placed on the way of the party had been completely lifted by the decision of the appeal court.
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