Perhaps, the greatest news in town is not the unfolding melodrama at the Presidential Election Petitions Tribunal, Abuja, involving President Bola Ahmed Tinubu, Alhaji Atiku Abubakar and Mr. Peter Obi, the key presidential aspirants in 2023 general elections.
Of a truth, the greatest news yesterday (July 14, 2023) is how the Independent National Electoral Commission (INEC), which has been playing the ostrich, in the matter before the FCT High Court 40, Bwari, (Suit No: FCT/HC/CV/4068/2023) in which Otunba Camaru Lateef Ogidan and Mustapha Rabiu (Plaintiffs) took Chief Victor Oye to Court for refusing to obey the Supreme Court judgment by falsely parading himself as the National Chairman of APGA and INEC for wrongly obliging Victor Oye recognition contrary to the Supreme Court Judgment which ordered that Oye’s name be deleted from anything that has to do with APGA, in line with its Judgment of March 24, 2023.
In April, 2022, Mike Ajara, Counsel to the Plaintiffs approached the Court via an Ex Parte motion, His Lordship Justice M. A Madugu refused to oblige him and insisted that parties be properly served to ensure they come before him for purposes of fair hearing and to ensure justice is done.
On May 10, 2023, the Court gave an injunctive order restraining Oye (1st Respondent) from parading himself and also stopping him, privies and assigns from holding any meeting or congress or convention in the name of the Party pending the determination of the Suit.
Similarly, the Court gave an Order restraining INEC (2nd Respondent) from recognizing Victor Oye or partaking any exercise that will tend to suggest that Oye is the National Chairman of INEC, contrary to the judgment of the Supreme Court.
Contrary to the Orders of the Court, Oye presided over illegal NWC and NEC meetings in the name of APGA; and as well conducted congresses and convention.
On its part, INEC obliged Victor Oye by sending Barr. Festus Okoye, the National Commissioner in charge of Voter Education and Information to monitor the illegal Convention which was held on May 31, 2023 at Awka.
On June 6, pursuant to Section 287 (1) of the 1999 Constitution (as amended) which states that any Court of record can enforce the decision of the Supreme Court of Nigeria, Hon. Justice Mohammed Madugu of the FCT High Court 40 Bwari made consequential orders and declaratory judgment for the enforcement of the Supreme Court Judgment stating as follows;
‘The actions of the 1st Respondent (Chief Victor Oye) posing and parading himself and occupying the Party’s Secretariat as the National chairman of APGA contrary to the judgment and order of the Supreme Court made on 14th October, 2021 and corrected on the 24th of March, 2023 is in disobedience and in clear violation of the Supreme Court.
Despite the above Judgment of the Court, the Commission collected names of governorship candidates for the Imo, Kogi and Bayelsa States from Oye and published it. Again, the Commission went further to adorn their website with the name of Barr. Sylvester Ezeokenwa as the National Chairman of APGA.
Worrisomely, these audacious infractions by INEC run foul to the law establishing. INEC as a creation of the law is bound to obey Court orders; by so doing, the Commission finds its own salvation, gains more confidence from the people and attain its organizational goals.
It is on record that the Court bailiff have made frantic efforts in the to serve both Victor Oye and Prof. Mahmood Yakubu, the INEC Chairman.
Therefore, seeing that Oye and Mahmood were evading service, on July 4, 2023, the Court gave a fresh order mandating the plaintiffs to serve Oye and Mahmood by all the Court processes through substituted means on two national dailies.
Diligently, the plaintiffs obeyed and published the Motions, Affidavits, Written Addresses, Forms 48 & 49 (for committal to correctional facility) and Hearing Notice on Guardian, Vanguard and Leadership Newspapers.
On July 14, 2024, the adjourned date, Mr. Abdulazeez Sani (SAN), Deputy Director of Prosecution and Litigation Unit of INEC Legal Department, rose up and announced appearance for Prof. Mahmood Yakubu, INEC Chairman (2nd Respondent).
He specifically told the Court that INEC is here on observatory status. When the Judge requested him to be explicit, he told the Court that the Commission is in Court to abide by whatever decision that the Court will reach.
Interestingly, Mr. Abdulazeez comment in Court is contradictory.
Simply put, if the Commission is this obedient to Court orders, there was no business disobeying the June 6, 2023 Judgment of the Court.
Clearly, INEC’s vested interest in APGA leadership matter is what is the bone of contention before the Court.
Recall that on June 30, 2021, INEC recognized Jude Okeke whom the Hon. Justice Musa Ubale of Jigawa High Court declared the Acting National Chairman upon the suspension of Chief Edozie Njoku.
When Barr. Victor Agunzi, announced appearance for Victor Oye, he went on to notify the Court that was a petition against the presiding Judge.
The Court told him that such a petition cannot stop court proceedings.
Mike Ajara, Counsel to the Plaintiffs rose up and reminded the Court of that the business of the day was his application for the committal of Prof. Mahmood Yakubu and Victor Oye to correctional facility.
He tendered all the newspaper publications to back up his evidence. Agunzi informed the Court that his client was served via his WhatsApp which cannot to deemed to be personal service.
Ajara spoke on the point of law, informing the Court that Agunzi refused to be served on behalf of his client, thereby derailing the Court from functioning efficiently and effectively.
Abdulazeez briefed the Court that the Commission got a service for committal to correctional facility on Prof. Mahmood Yakubu.
He pleaded with the Court that Ajara’s application was not ripe.
The Court ruled that the personal service on Victor Oye and Prof. Mahmood Yakubu be done through their Counsels.
The Court adjourned to September 11, 2023. Read more.
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