Honourable Justice M.A Madugu, on Friday, thwarted a plot by the embattled former National Chairman of the All Progressives Grand Alliance (APGA), Ozo Victor Ikechukwu Oye, to arrest judgment, a term which indicates a move to defer or abort a due court judgment, and run away in a criminal case he instituted against Chief Edozie Njoku.
The judgment would have seen him, Victor Oye, and the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, committed to prison over contempt of an order of the Court in a protracted leadership suit of the party.
The plot was contained in a letter dated 10th July, 2023, and addressed to the Honourable Chief Judge of the FCT High Court in Maitama, Abuja, entitled “Application for the transfer of the criminal case in charge no.CR/12/2022 between Inspector- General of Police vs. Chief Edozie Njoku & 1 another, and also, the transfer of the pending Motion no. M/10786/2023 on the alleged contempt in the concluded suit no. FCT/HC/CV/4068/2023 between Otunba Kamaru Lateef Ogidan & 1 or vs. Chief Victor Ike Oye & 1 or, from FCT High Court No. 40 Bwari presided by Hon. Justice M.A Madugu to any other judge of the FCT High Court for determination on grounds of bias, loss of confidence and the fact that the judge has pre-judged the allegations in the criminal matter in his judgement of 6th June 2023 in the above.”
It could be recalled that the court had, on July 4th, deferred a judgement for committal to prison of Oye and Yakubu for non-proper service of the court documents on the contemnors.
Justice Madugu, in the interim, ordered that the contemnors be served through substituted means in an event whereby personal service was not realistic.
(It was gathered that Victor Oye and Yakubu had been deliberately evading service, as Oye was even sighted in Anambra State as soon as the order was given.)
However, despite being in reception of the Supreme Court Enrolment Order, the Commission refused to recognize Chief Edozie Njoku as the authentic National Chairman of APGA as contained in the consequential orders of the Court.
Brazenly, Oye’s name was retained on INEC website on the irreconcilable logic that the Commission holds a Federal High Judgment far and above a Supreme Court judgment.
After an extensive, in-depth and profound research, the judge noted that Oye has embarked on a frivolous attempt to lead the Court astray and ordered service of contempt of court proceedings on him and Yakubu.
INEC chairman and Oye, thereby, risked jail following the court order of service of contempt of court proceedings.
The judge reinforced the order when he ordered that the contemnors be served through substituted means if personal service fails.
However, in a bizarre turn of events, instead of obeying the order, Victor Oye, through his counsel, Victor Agunzi, who is also the National Legal Adviser of APGA applied to the Honourable Chief Judge of the FCT for the transfer of the criminal case he instituted at the court, as well as the pending Motion on the alleged contempt in the suit, citing bias and loss of confidence on the judge.
The no-nonsense Justice Madugu, however, shot him down, determining that the action was tantamount to arrest of judgment, and ordered that the show must go on in his court.
See a copy of the transfer letter by Victor Oye/Victor Agunzi that attracted the angst of the judge below:
“We write as the nominal complainant in the above stated criminal case and also the political party whose member and immediate past National Chairman Dr Victor Ike Oye is being alleged to be in contempt along with Professor Mahmood Yakubu the National Chairman of INEC of an order of the Court made suo moto by the Court on 10th of May, 2023 at a point when an application challenging the Jurisdiction of the Court was pending and staring in the face of the Court. The court without determining his jurisdiction and after refusing the ex-parte application for interim injunction before him, in a twist ordered and stopped the planned wards, LGA’s ,States congresses of APGA across the entire country even in states outside the territorial jurisdiction of the FCT High Court and stopping the scheduled National Convention of APGA slated for 3151 May, 2023 at the international conference center Awka, Anambra State which event was outside the territorial jurisdiction of the FCT High Court contrary to the established principles in the cases of Dalhatu v. Turaki (2003)15 NWLR(pt.843) pg. 310 at pg. 339-340; Mailantarki v. Tongo & Others(2018)6 NWLR(pt.1614)pg.69 at 86.
“The territorial Jurisdiction of the FCT High court is confined and restricted to the congresses/Meetings of APGA within FCT only and not nationwide. The order in itself was made without jurisdiction by the Court though same was never violated in any way by the alleged contemnors. An appeal has already been filed by Chief Victor Ike Oye our immediate past National Chairman in appeal No.CA/ABJ/CV/724/2023 challenging the Judgment and the jurisdiction of the Court in assuming Jurisdiction to even make the Order giving raise to the pending contempt proceedings and notice of the pendency of the appeal was drawn to the attention of Hon. Justice M.A Madugu from the Bar to defer to the court of appeal but it appears the Court is bent on proceeding with the contempt proceedings. Relevant documents are attached herewith.
“I am also writing this application for transfer in my capacity as_the National Legal adviser of APGA and one of the counsel in the team representing the 1st defendant in the appeal pending at the court of appeal challenging the judgment in the above mentioned civil suit presided by Hon Justice M.A.Madugu which is the subject of the pending contempt proceedings and as a minister in the temple of Justice who desire to see that Justice is done in the determination of the above stated cases pending before Hon. Justice M.A Madugu.
Grounds for seeking the transfer of criminal charge no. CR/12/2022 between Inspector- General of Police vs. Chief Edozie Njoku & 1 another to another judge of the FCT High Court for determination.
Upon the thorough investigation of the complaint of the nominal complainant (APGA) duly signed by Dr Victor Ike Oye as the then National Chairman of APGA, a prima facie case was established by the inspector-General of Police(IGP) that the defendants doctored and forged the letter headed papers of the Justices of the Supreme Court and the Judgment of the Supreme Court and presented same to INEC as the authentic Judgment of the Supreme Court seeking to be recognized as National Chairman of APGA and also established that the 151 defendant was parading himself as the National Chairman of APGA, the above mentioned Criminal charge now sought to be transferred by the nominal complainant, was filed against the defendants therein by the IGP for forgery of the Supreme Court letter headed papers of Justices , forgery of the Judgment of the Supreme court and for impersonation by 151 defendant Edozie Njoku as National Chairman of APGA amongst other charges which trial is pending before Hon. Justice M.A. Madugu of FCT High Court NO.40 Bwari.
“While the Criminal charge was pending before Hon. Justice Madugu, Suit NO.FCT/HC/CV/4068/2023 between Otunba Kamaru Lateef Ogidan and one Alhaji Rabiu Mustapha Vs. Chief Victor Ike Oye and Professor Mahmood Yakubu (Chairman of INEC) was filed by the Claimants therein as known proxies to Chief Edozie Njoku who is the lst defendant in the Criminal Charge. The Claimants sought the Court to amongst other orders, pronounce, validate and compel INEC to obey the Supreme Court Judgment for which the defendants are accused of forging and standing trial which Judgment never recognized the lst defendant as National chairman of APGA.
“HON. Justice M.A Madugu, on 6th of June, 2023 in the face of the clear import and interpretation of the Judgment of the Supreme Court which the defendants are alleged to have forged and are standing criminal trial, and also in face of the ruling of the Supreme Court of 24th March,2023 correcting an incidental slip at page 13 of the Judgment of the Supreme Court which the Supreme Court held did not vary or alter its earlier Judgment of 14th/10/2021 and also In the face of the Judgment of the Court of Appeal Kano affirmed by the Supreme Court which held that before the suit that went to Jigawa State which was non-justiciable as an internal affairs of political party was filed, Dr Victor Ike Oye is the validly Elected National Chairman of APGA and also in the face of the judgment of the Federal High Court Abuja by Justice J.K Omotosho which gave and Interpretation to the judgment of the Supreme Court recognizing Dr Victor Ike Oye as the authentic National Chairman of APGA which decision was affirmed by the Court of appeal Abuja on the 211° of June,2023.
“Hon Justice M.A. Madugu surprisingly went ahead and granted the reliefs sought by the Claimants in the civil suit and restrained Dr Victor Oye who has since finished his tenure from parading himself as National Chairman of APGA and went further to compel INEC to obey the Judgment for which the defendants are standing trial and to the benefit of the 1st defendant.
Our grounds for seeking the transfer in the Criminal case are:
1. Having pre-judged the Criminal case by his Judgment of 6th June, 2023 in the civil matter referred above and in the manner the Court did, the nominal complainant (APGA) and all its members and supporters have totally and completely loss confidence in the ability of HON. Justice M.A Madugu to deliver an unbiased Judgment in the criminal case before him.
2. By the decision In the case of Hunter v. Constable of West Midland Police (1981)3 WLR 906,HON. Justice M. A. Madugu is issue estopped from continuing with the criminal trial, to avoid using his civil Judgment as a collateral attack on the criminal matter before him.
3. In using the civil matter as a collateral attack on the criminal matter the court has consistently fixed the hearing of the contempt proceedings on the same date with the criminal trial to possibly prevent the prosecution from calling the alleged contemnors as witnesses in the criminal trial.
4. In view of the exceptional circumstance created by the delivery of the civil Judgment in favour of the 1st defendant predicated on the Supreme Court Judgment for which the defendants are being accused and standing trial and the fact that HON. Justice M. A. Madugu had prejudged the criminal case in his civil judgment, it will be in the interest of Justice and Public policy for HON. Justice M.A. Madugu to hands off from the criminal case and recuse himself to allow another Judge of the FCT High Court continue with the trial of the Criminal Case.
5. The nominal complainant (APGA) and her members have also taken serious note of the way and manner the trial Judge always antagonize the prosecution counsel for no just reason and also visibly showing his bias against the prosecution in the conduct of the criminal case with regular threat of foreclosing the prosecution on every date even when the prosecution presents witnesses in Court. The Court is perceived by the nominal complainant and all her members to be bias and in a hurry to subvert justice and do away with the case in favour of the defendants just like in the civil case which is now a subject of an appeal at the Court of appeal Abuja.
Grounds for seeking the transfer of the pending motion no. M/10786/2023 on the alleged contempt in the concluded suit no. FCT/HC/CV/4068/2023 between Otunba Kamaru Lateef Ogidan and one Alhaji Rabiu Mustapha vs. Chief Victor Ike Oye and Professor Mahmood Yakubu (Chairman of INEC) are as follows:
A. The conduct of Hon.Justice M.A Madugu the Judge that issued the order now subject of the alleged contempt is under attack on ground of bias and prejudice and by law the judge should honorably recuse himself for another Judge to hear the contempt proceedings. See the case of Ahmed v. S.M.B Ltd (2015)13 NWLR (pt.1476)pg 403.
B. The Judge had exhibited bias against the alleged contemnors in the course of hearing the civil case that ultimately culminated into the pending contempt proceedings.
C. The order of the Court alleged to have been disobeyed was made suo moto by the Court in the face of an application challenging the jurisdiction of the Court and the court seems to have taken personal interest in tho contempt proceedings and the Judge cannot be allowed to be the judex in his own cause based on the principle of Nemo Judex in causa sua.
D. In further showing his bias, prejudice and personal interest in the contempt proceeding, on the 41h of July,2023 when the contempt proceedings came up. the attention of Hon Justice M.A Madugu was drawn to the fact that by the showing of exhibits 9 and 10 attached to the affidavit in support of the motion on notice for committal to correctional center of the alleged contemnors, it was clear that the alleged contemnors have not been personally served with the forms 48 and 49 as required by law and the decision in the case of Ape v. Olomo (2010)LPELR -4988 (CA) brought to the attention of the Court to the effect that:it is the law that merely filing a motion on notice to commit…without serving Forms 48 and 49 on the appellant is defective and rendered the application null and void and of no effect” in urging HON. Justice M.A. Madugu to throw out the contempt application. After taking arguments from but side and upon the inevitable admission by the applicant counsel that no service of the Forms 48 and 49 was effected on the alleged contemnors, the Courj then ruled that from the process before him there is no personal service on the defendant. See the cases of Uhunmwango vs. Okojie (1989)5 NWLR(pt.122)471;Enabirhire v. Atambo (1967)NMLR 253; Ojomo vs. ljeh (1987)4 NWLR (pt.64)216 on the need to personally serve contempt processes personally on alleged contemnors.
E. Instead of striking out the application for been incompetent ,null and void, the court fueled by his bias to the alleged contemnors ordered that personal service be made on the contemnors and went further to order for substituted service on the alleged contemnors in two national dailies in the event the applicants are unable to effect personal service. The order for substituted service was made by the Court without any formal application filed by the applicant as required by the Rules of Court just in the same manner the court on his own volition made the order which has given rise to the contempt proceedings and after refusing the ex-parte motion seeking the same interim order.
F. The bias conduct of the court in relation to the contempt proceeding started after the contempt proceedings was listed on the 20th of June, 2023 for hearing and when the matter was called, the Court without recording appearance or entertaining the application told the applicant counsel in the open court that he is not aware of this matter and does not know how it got to his cause list but in any event the applicant counsel should “do the needful” whatever that means is best known to the court.
G. It was after the applicants Counsel had probably done “the needful ‘that the matter was again fixed for 4th July,2023 wherein the bias and prejudice of the court in relation to the contempt proceedings became manifestly apparent, so much that even when the final judgment of the Anambra State High Court Otuocha in suit NO.OT/79/2023 between Mr. Emeka Ekwealor v. Dr. Victor Ike Oye and APGA delivered on the 12t1’ day of May,2023 compelling and mandating Dr Victor Ike Oye and APGA to conduct her wards, LGA, State congresses and the National Convention before 3151 May, 2023, when the tenure of Victor Oye will elapse was drawn to the attention of the Court to take Judicial notice of by virtue of S.122 of the Evidence Act, the court openly said I do not care about the Anambra Judgment. It took serious plea for the Court to receive the copy of the Anambra State High Court Judgment which will show the Court that Victor Ike Oye and APGA only acted in compliance with a subsisting final Judgment of a Court of competent jurisdiction.
H. Dr. Victor Ike Oye the 151 alleged contemnor his put in between the final Judgment of Anambra State High Court which he obeyed in conducting the wards, LGA, States congresses and the National convention of APGA held on 3151 May,2023 and the interim suo moto order of Hon justice M. A Madugu which ordinarily expired after 7 days and was never renewed or on the 19th when the court specifically fixed the hearing of the preliminary objection challenging his jurisdiction. It will therefore be fair and just to allow a neutral judge to hear the Contempt proceedings to determine if there was disobedience to the order of Hon. Justice Madugu in view of the judgment of Anambra State High Court Otuocha. In conclusion, we are of the strong believe that It will be in the overall interest of Justice to re-assign the criminal case and the pending contempt proceedings to another Judge of FCT High Court for determination to re-build the confidence of the nominal complainant and all her members and the confidence of members of the public in general to the known ability of our Courts to deliver justice in matters before them. The nominal complainant and all her members including her immediate past National Chairman alleged to be in contempt of the order of Hon. Justice M.A Madugu have totally and completely loss confidence in getting justice in its matters pending before Hon. Justice M. A Madugu on the grounds of manifest prejudice and bias.
“We therefore urge your lordship to order and direct the transfer of the two cases under reference to other judges of the FCT High Court for an unbiased hearing and determination.” END.
The letter was copied to the prosecution Counsel in the Criminal case, Rimamsomte Ezekiel (CSP) Legal Section, Force CID, the Defense Counsel and Applicant Counsel in the alleged contempt proceedings. Michael Ajara Esq., the National Chairman INEC, and the Registrar of the FCT High Court 40 in Bwari, Abuja
—
©Copyright 2023 News Band
(If you would like to receive CURRENT NEWS updates from News Band on WhatsApp, or Telegram, or wish to send eyewitness accounts/ reports/ articles, write to elstimmy@gmail.com and we will respond instantly. Follow us on twitter @News Band; like our Facebook page: News Band.)
