Court Dismisses Suit against Abia APC Chair

The application to set aside the Special Congress that elected the Abia State Chairman of the All Progressives Congress (APC), Dr. Kingsley Ononogbu, has been dismissed by Court of Appeal Owerri Division in Imo State.

The motion on notice,  filed by Donatus Nwankoa, Iheanoacho Obioma and co, at the Court of Appeal,Owerri Division,and who were the claimants in Suit No:HUK/50/2021:Davie Jumbo and ORS VS APC and ORS, at Ukwa High Court, Abia State to set aside the special congress of APC, held in Abia State on 8th January,2022, which said congress elected Dr. Kingsley Ononogbu as the chairman of APC in Abia State to replace late Enyinnaya Harbour, was yesterday dismissed by the Court of Appeal.             

APC, by a preliminary objection, challenged the jurisdiction and or vires of the High Court of Ukwa to hear the said suit filed by Davies Jumbo and co on many grounds and most prominent being that it is on the internal/domestic affairs of a political party which no court of laws is clothed with jurisdiction to hear and determine in that the courts cannot not run political parties for them.                                                                   

On 18th of February, 2022, the High Court of Ukwa, contrary to the positions of the Supreme Court and Court of Appeal, assumed jurisdiction to hear the said case.

 On 22nd of February, 2022, APC and others filed an appeal against the Ruling of Hon. Justice C.H Ahuchaogu, vide appeal No CA/OW/45/2022.APC and 4 ORS VS Davies Jumbo and six ORS. On 3rd of March, 2022, Davis Jumbo and co filed the said motion to set aside the Special Congress of 8th January, 2022, and for Donatus Nwankpa defunct Exco to continue in office and submit list of delegates to the March 26th national congress of APC.

However, the  Court of Appeal Owerri Division, presided over by Hon. justice R. N. Pemu, JCA alongside two other justices in a unanimous, erudite, flawless, faultless, unassailable ruling, anchored on rich and solid knowledge of the law, dismissed the said motion.

The court rightly, held that the Ukwa High Court, lacks the jurisdiction to hear the suit of Davies Jumbo and co on the grounds that the subject matter of the suit is an internal cum domestic affairs of APC, a registered political party in Nigeria, which is a No Go Area  for  Courts in Nigeria. The court relied on so many decided cases including but not limited to Onuoha vs Okafor (1983)2SCNLR,pg 224,Jegede vs INEC (2021)14 NWLR,PT 1797 pg 409,APC VS Dele Moses,(2021)14 NWLR,PT 1796,pg 278,Aguma vs APC (2021)14 NR PT 1796 pg 351, Agi vs PDP (2017)17NWLR PT 1595, pg 386, and host of other decided cases.

The court went further  to hold that it cannot be dragged by the applicants to grant their motion, in that the suit at Ukwa High Court is not maintainable and or justiciable in any court of law in Nigeria. The court held that the motion and or application was dead on arrival and wondered why Hon justice C.H Ahuchogu of the Ukwa High Court did not dismiss the suit before him in limine i.e at infancy. With this ruling, the issue of the APC congresses in Abia State is now judicially and judiciously laid to rest.

Stakeholders said Dr Kingsley Ononogbu, is and remains the undisputed chairman of APC in Abia State.

“ The mission to rescue Abia State by High Chief Ikechi Emenike and other leaders is on auto gear, and with God on our side, we shall be victorious come 2023.God is still on the throne,” they added.