… Says it’s bound by judgement of Court of Appeal, Kano Division on APGA leadership
… Refers case back to lower Court
Barrister Tex Okechukwu, National Publicity Secretary of the All Progressives Grand Alliance (APGA) has dismissed the misinterpretation being given to the pronouncement of the Court of Appeal in Abuja earlier today by some undesirable elements bent on misinforming the general public.
To put the record straight, Barrister Okechukwu has issued a notice to guide and inform the general public of what actually happened at the Appeal Court earlier today thus;
“The attention of our great party, the All Progressives Grand Alliance (APGA) has been drawn to false news making the rounds on the judgment delivered by the Court of Appeal, Abuja Division which judgment was delivered by His Lordship, Hon. Justice Adamu Jauro earlier today being the 17th of September, 2021. By the judgment, the Court of Appeal dismissed an interlocutory appeal brought by APGA against the decision of Hon Justice A. R. Mohammed in declining to deliver ruling on an application brought by APGA at the Federal High Court, Abuja.
“It will be recalled that one impostor, Chief Edozie Njoku had filed an application for Judicial Review seeking for an Order of Mandamus to compel INEC to recognise the said Edozie Njoku as the National Chairman of APGA in faraway Bauchi State. The suit was subsequently transferred to the Federal High court, Abuja.
“Thereafter, APGA filed an application to strike out its name as one of the applicants in the suit since it never gave its consent to the institution of the suit. Surprisingly, the lower court after hearing the application declined to deliver its ruling and stated it would deliver the ruling during final judgment which thus prompted the interlocutory appeal to the Court of Appeal, Abuja.
“It must be categorically, nay emphatically stated that the appeal in question was filed by APGA and not the National Chairman of APGA, Ozonkpu Dr. Victor Oye. Incidentally, Ozonkpu Dr. Victor Oye still has a pending application for joinder at the lower court which is yet to be heard. Furthermore, the Court of Appeal merely asked the lower court to continue with the substantive suit before it. The Court of Appeal further granted accelerated hearing of the substantive suit pending at the lower court.
“Thus, the judgment of the Court of Appeal, being misrepresented by mischievous elements did not determine the leadership of APGA. Instructively, the Court of Appeal has stated on numerous occasions that it is bound by the Judgment of the Court of Appeal, Kano Division which had pronounced Ozonkpu Dr Victor Oye as the National Chairman of APGA. Just last week, a Special Panel of the Court of Appeal while dismissing an appeal brought by Chief Edozie Njoku, upheld the leadership of APGA under Ozonkpu Dr. Victor Oye.
“The Court of Appeal in delivering its judgement today clearly stated that it was aware of the pending judgment of the Court of Appeal, Kano Division but that it cannot usurp the powers of the Federal High court coram Justice A. R. Mohammed before whom the Application for Order of Mandamus is pending.
“With today’s judgment of the Court of Appeal, the lower court is expected to dismiss the application for Mandamus since the Court of Appeal has already made a pronouncement on the issue of APGA leadership.
“By the doctrine of Stare Decisis, the Federal High Court is bound by the decision of the Court of Appeal being lower than the Court of Appeal in the hierarchy of courts.
“Our esteemed party faithful and indeed the general public are urged to disregard the shenanigans and antics of frustrated opposition and drowning misfits whose only objective is to destabilise and derail the progress of our great party.”
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