APGA Legal Battle Escalates: Motion to Jail INEC Chairman Over Illegal Governorship Candidates
Legal battle in the All Progressive Grand Alliance(APGA) has taken another dimension with a motion seeking to commit the Chairman of the Independent National Electoral Commission(INEC), Prof. Mahmoud Yakubu, to prison.
He is accused of publishing illegal governorship candidates for APGA in Kogi, Imo and Bayelsa states.
Justice Mohammed Madugu sitting in Bwari division of the court has fixed tomorrow for definite hearing of the motion.
The committal charge is sequel to a suit marked: FCT/HC/CV/4068/2023), filed in April 2023, by Otunba Camaru Lateef Ogidan (national vice chairman, South West) and Mustapha Rabiu (national welfare officer), who emerged at the Owerri Convention of May 31, 2019, under the leadership of Chief Edozie Njoku, party national chairman.
The court had on June 6 granted the plea of the plaintiffs and pursuant to Section 287 (1) of the 1999 Constitution which states that any Court of record can enforce the judgment of the Supreme Court and consequently enforce the Supreme Court Judgment of March 24, 2023, stating clearly that Chief Victor Oye has no right whatsoever to parade himself as the National Chairman of APGA.
In the suit, Chief Victor Oye is the first Respondent, while the Chairman of INEC is the second respondent.
Both respondents are standing trial for disobeying the Supreme Court judgment of March 24, 2023, which declared Chief Njoku as the rightful national chairman.
However, the committal charges on INEC chairman was due to his refusal to recognise Chief Edozie Njoku as rightful national chairman of APGA and going ahead to publish illegal names of governorship candidates for APGA for the coming elections in Imo, Kogi and Bayelsa states which did not emanate from Chief Njoku.
Nevertheless, the contempt charges on Oye and Prof. Yakubu were for flaunting and ignoring the Court’s interim injunction on May 10, 2023, which ordered parties in the suit to maintain status quo ante bellum pending the determination of the substantive suit comes up on September 28, 2023.
Similarly, Prof. Mahmood Yakubu continued to recognize Oye as the National Chairman of APGA as against the court order. He also published the name of one Mr. Sylvester Ezeokonwa who was a product of an illegal convention held at Awka.
Michael Ajara, counsel for the Plaintiff/Applicants informed the Court that the motion for the committal of Prof. Yakubu to prison was over ripped for hearing, having been served on INEC Chairman on July 13, 2023, which the court verified from its records.
Before the court fixed the hearing date, it discovered that the original copy of the proof of service of the committal charge on Victor Oye had disappeared from the Judge’s file, while that of his fellow contemnor, Prof. Mahmood Yakubu, was in the file. Strangely, Ajara was having a CTC of the proof of service on Oye and Mahmood.
In a bid to unravel the mix-up, the Judge called the attention of the Chief Registrar, Joseph Igboyi, to verify if he was the one that signed the CTC and he admitted that he did.
When the bailiff Mr. Musa Abdulwahab was called to produce the original copy of the proof of service which was meant to be in the Judge’s file, he admitted that he removed the original copy from the file. Musa never provided a reason why he removed the proof of service from the judge’s file.
This generated uproar in the Court, leaving the Judge with no other option other than to adjourn Oye’s matter for September 28.
