The Applicant noted that the Supreme Court had in a letter it wrote to him on January 19, wherein it addressed him as the National Chairman of APGA, asked him to approach it by way of a motion to regularize the said judgement
The Supreme Court has directed the Independent National Electoral Commission, INEC, to act on its judgement that recognised Chief Edozie Njoku as the National Chairman of the All Progressives Grand Alliance, APGA.
The apex court, through its Registrar, Litigation, Zainab Garba, forwarded the Certified True Copy, CTC, of its judgement on the APGA leadership tussle between Njoku and Chief Victor Oye, to the electoral body.
The proof of service of the judgement dated April 5, 2023, which was in respect of an appeal marked SC/CV/687/2021, between Chief Jude Okeke versus APGA & others, was received at 3:54pm on the same day by the Litigation and Prosecution Department of INEC.
A copy of the document sighted by Vanguard, read: “I forward herewith for your information and necessary action, the order under the hand of the Honourable, the Chief Justice of Nigeria/Presiding Judge and the seal of the Court in respect of the above appeal.
“I also enclose herewith certified copy of the order and of the judgment of the Court”.
It will be recalled that the apex court had on March 24, in a unanimous decision by a five-man panel of Justices, admitted that it had in a judgement it delivered in 2021, erroneously wrote the name of Chief Victor Oye, as national chairman of the party.
In the lead ruling that was delivered by Justice Mohammed Lawal, the apex court said it has the powers to review its judgement and correct such “accidental slip or error”, when it is brought to its attention.
It, therefore, issued an order, expunging the aspect of the judgement where Oye’s name was reflected as the national chairman of the party.
The ruling followed a motion that was brought before the court by Chief Njoku.
Njoku had in an application he filed through his team of lawyers led by Mr. Chike Onyemenam, SAN, urged the apex court to correct a typographical error in its judgement, which he said wrongly handed the leadership of the party to Chief Oye.
The Applicant noted that the Supreme Court had in a letter it wrote to him on January 19, wherein it addressed him as the National Chairman of APGA, asked him to approach it by way of a motion to regularize the said judgement.
Relying on Order 8 Rule 16 of the Supreme Court Rules, Njoku prayed the court to correct the said error in the lead judgment it delivered on October 14, 2021, in an appeal that was presided over by Justice Mary Peter-Odili (Rtd).
He specifically urged the apex court to correct an accidental slip at Page 13, lines 3 to 4 of its judgment, where instead of writing the name of ‘Edozie Njoku’ who was unlawfully removed from his position as the person that was validly elected as National Chairman of APGA at the convention the party held at Owerri in 2019, mistakenly inserted the name of Victor Oye, who was not a party in the substantive suit that gave rise to the appeal.
In its ruling, the apex court held that there was merit in the application and accordingly granted it.
Meanwhile, reacting to the latest development, Njoku said he was optimistic that INEC would comply with the directive of the Supreme Court by effecting the necessary changes on its website.
“I am confident and optimistic that INEC will obey the Supreme Court Judgment having been served with the CTC”, Njoku stated, saying the party would not issue any ultimatum to the electoral body.
“We are looking at one or two weeks time frame for the order to be obeyed,” he added.
However, the factional national chairman of APGA, Chief Oye, has vowed to approach the apex court for further clarification on the matter.
He insisted that the apex court had repeatedly stressed that the issue of the leadership of a political party was non-justiceable.
A member of Oye’s legal team who pleaded not to be mentioned because he was not cleared to speak on the matter, told Vanguard on Sunday that the Federal High Court in Abuja had in a recent judgement, settled the leadership crisis in APGA.
He said: “Contrary to what is being circulated in the media, the leadership dispute in APGA was settled by the high court in a recent judgement that was delivered by Justice John Omotosho.
“The court, in that judgement, recognized Chief Oye as the authentic national chairman of the party.
“So, to further clear the fog, we have concluded plans to also approach the Supreme Court to seek further clarification on its purported judgement in favour of Njoku”, the lawyer added.
– Vanguard