High Court 3, Awka, presided over by Justice Dennis Maduechesi on Friday declared Dr. Victor Ike Oye as the substantive National Chairman of the All Progressives Grand Alliance (APGA).
In the suit filed by Dr. Oye and the All Progressives Grand Alliance (APGA), the plaintiffs pleaded with the court to nullify the purported removal of Dr. Oye as the National Chairman of APGA.
Ruling on the matter, Justice Maduechesi told the respondents, Elder (Dr.) Chuks Achusi and two others representing themselves, and others of the National Working Committee of APGA who participated in the meeting of 5th October 2015 that purportedly removed or suspended Dr. Victor Ike Oye as National Chairman of APGA that their action was “null, void and of no effect.”
The court said that only the National Convention of the Party, having regard to Article 20 (2 and 3b) of the APGA Constitution could remove the Chairman or suspend him.
The judgment declared that the suspension of Party Chairman without ratification by the National Committee of APGA was null and void, adding that to allow such a decision would be contrary to supremacy of the APGA Constitution as provided for in Article 4, which is binding on all organs, all persons and members of APGA.
Furthermore, it held that to allow that would amount to illegal operation of APGA Constitution, which Section 222 of the 1999 Constitution did not permit.
The judgment also cited its reliance on the Supreme Court decision in the case of the Peoples Democratic Party (PDP) and Ali Modu Sheriff, to show that the National Convention of a political party was the most superior organ of the party whose decision was binding on all the members and organs of the party.
Reacting to the judgment, Chief O. J. Nnadi (SAN), for the plaintiffs, said that what the respondents did on the day they claimed to have dethroned Dr. Victor Oye was a jamboree, which was of no effect.
“In law, it is taken that the APGA National Chairman was never removed at all and all acts and conducts purportedly done pursuant to his purported removal was declared null and void”, Nnadi said.
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