The Federal High Court in Abuja, under the authority of Justice J.K. Omotosho, has delivered a landmark decision regarding the leadership dispute within the All Progressives Grand Alliance (APGA). The judgment firmly invalidates the Independent National Electoral Commission’s (INEC) recognition of Edozie Njoku as APGA National Chairman, directing INEC to recognize Barrister Sly Ezeokenwa and his National Working Committee (NWC) as the legitimate leadership of the party.
This decision, grounded in constitutional principles and judicial precedents, emphasizes the supremacy of legal and procedural propriety. Below are key points from the court’s judgment:
1. Competent Institution of the Suit: The court determined that the suit was properly filed, dismissing claims of judicial abuse. It relied on a 2024 Court of Appeal decision that separated the issues in the current case from an earlier Supreme Court appeal filed by APGA and Ezeokenwa.
2. Focus on INEC’s Actions: The court clarified that the case sought to examine INEC’s administrative decisions, not APGA’s internal affairs.
3. No Basis for Njoku’s Recognition: The court noted there was no valid court order mandating INEC to recognize Edozie Njoku in any capacity, and the electoral body acted beyond its authority by doing so.
4. Unlawful Publication: INEC’s decision to publish Njoku’s name in July 2024 as APGA National Chairman was declared unconstitutional and invalid.
5. Limited Powers of INEC: The court highlighted that INEC’s role does not extend to disrupting the leadership structure of political parties, as provided under Sections 222, 225, and 226 of the Constitution.
6. Legitimate Leadership: Justice Omotosho affirmed the leadership elected at the APGA National Convention held on May 31, 2023, which produced Barrister Sly Ezeokenwa and his NWC, as documented in INEC’s official monitoring report.
7. Doctrine of Precedent: The court stressed that judicial decisions had consistently upheld Victor Ike Oye as APGA’s legitimate leader, rejecting any claims to the contrary by Njoku.
8. No Supreme Court Endorsement: Contrary to claims, the Supreme Court did not declare Njoku the party’s chairman. A letter from the Supreme Court confirmed the appeal in question was non-justiciable.
9. Invalidation of Njoku’s Actions: The court ruled that Edozie Njoku, having admitted suspension in a prior case, lacked standing to represent APGA or convene any meetings in its name.
10. INEC’s Obligations: The court ordered INEC to restore Barrister Sly Ezeokenwa and his team as APGA’s legitimate leaders, removing any reference to Njoku from its records and reverting to the status quo prior to the wrongful substitution.
This judgment represents a definitive resolution to a prolonged leadership crisis within APGA, reaffirming that legal and constitutional frameworks must govern political party administration. Any attempts to challenge or undermine this decision would require a substantial legal foundation—one that, based on this ruling, appears nonexistent.
