APGA’s Leadership Tussle: S’Court Asks INEC to Act on Judgment Replacing Oye’s Name with Njoku

Alex Enumah in Abuja

The Supreme Court of Nigeria has directed the Independent National Electoral Commission (INEC), to take “necessary action” on its recent ruling correcting an accidental slip in its own judgment delivered in a suit which bordered on the authentic leadership of the All Progressives Grand Alliance (APGA).
The apex court’s directive was contained in its proof of service of the Certified True Copy (CTC) of its judgment in respect of the appeal marked SC/CV/687/2021, between Chief Jude Okeke versus APGA & others.

The proof of service dated April 5, 2023, was received same day at 3:54pm by the Litigation and Prosecution Department of the electoral umpire.
A copy of the document sighted by THISDAY read, “I forward herewith for your information and necessary action, the order under the hand of the Honourable, the Chief Justice of Nigeria/Presiding Judge and the seal of the Court in respect of the above appeal.

“I also enclose herewith certified copy of the order and of the judgment of the Court.”
The document was signed by Zainab Garba, Registrar, Litigation, Supreme Court of Nigeria.
The apex court had on March 24, 2023, upon an application by Chief Edozie Njoku, regularised and amended the judgment of Justice Mary Peter Odili (rtd), delivered on May 9, 2022.

Njoku’s application was sequel to a letter of the Supreme Court of January 19, 2023, wherein the apex court addressed him as the National Chairman of APGA and advised him to approach the Court by way of a motion to correct the slip.
Consequently, the five-member panel of justices led by Justice kudirat Kekere-ekun, had ordered the deletion of the name of Chief Victor Oye from the said judgment and that it be replaced with that of Chief Edozie Njoku.

Justice Garba Lawal, who delivered the ruling, noted that Njoku’s application was meritorious and ought to be granted.
He consequently made an order deleting the name of Oye from the judgment and replacing same with that of Njoku.
Justice Lawal, while stating that the issue of chairmanship is not justiciable being an internal affairs of a political party, held that, “the application is granted as prayed and judgment shall be corrected as stated above”.

Meanwhile, speaking with Judiciary Correspondents over the weekend in Abuja, Njoku, expressed optimism that INEC would heed to the Supreme Court’s directive by effecting the necessary changes on its portals.
“I am confident and optimistic that INEC will obey the Supreme Court Judgment having been served with the CTC.
Contrary to insinuations, Njoku said the party would not be giving the electoral body any ultimatum, adding that, “expectedly, we are looking at one or two weeks’ time frame for the order to be obeyed.

While noting that the apex court’s ruling had put to rest the leadership crisis rocking the APGA, he expressed joy that he has been finally vindicated of the forgery allegations.

Njoku’s lawyer, Chike Onyemenam, had approached the court pursuant to Order 8 Rule 16 of the Supreme Court Rules and the inherent powers of the Court, to correct a typographical error and slip in the lead judgment of the Court in the appeal delivered by Justice Mary Odili (rtd).

The applicant in the suit had urged the apex court to correct an accidental slip at page 13, lines 3 – 4 of its judgment where instead of stating the name of “Edozie Njoku” who was alleged to have been removed by the parties and whom the trial judge held to have been lawfully removed from his position as the validly elected National Chairman of APGA at the party convention held at Owerri in 2019, mistakenly inserted the name of Victor Oye whose name was never mentioned at the trial court.

Njoku in an affidavit he deposed stated that “on 14/10/2021, with Justice Mary Peter-Odili presiding, all the parties were heard in argument on the merit of two substantive appeals with my counsel, Chike Onyemenam SAN fully canvassing arguments in respect of my preliminary objection and cross appeal nos SC/CV/686/2021 and SC/CV/687/2021 respectively.

“This Honourable Court on the same 14/10/2021 presided over by Justice Peter-Odili decided that Judgment would be delivered in respect of Appeal No. SC/CV/687/2021 only and same would be binding on Appeal No SC/CV/686/2021; but in delivering the said Judgment, the appeal number was wrongly stated in the Lead Judgment to be Appeal No SC/CV/686/2021, instead of SC/CV/687/2021; while the name of “Chief Victor Oye” was wrongly stated instead of my name, “Chief Edozie Njoku” at Page 13 as stated above.

“Thereafter, I applied by my letter to the Presiding Justice who read the above Lead Judgment for the above accidental slip or error to be corrected and His Lordship examined the Records and corrected the said error by removing the name of Chief Victor Oye and replacing same with my name, Chief Edoze Nioku at Page 13 of the Judgment.

“My said Application Letter and the corrected Lead Judgment are hereby exhibited and marked Exhibits “G” and “G”” respectively.
“Chief Victor Oye (the 2nd Respondent) whose name was erroneously inserted and who had nothing to do with the case at the Trial Court reacted by getting the Inspector-General of Police to arrest me and charge me to Court without any investigation before a Bwari High Court for “Forgery of a Supreme Court Judgment” and in spite of the Letter from the Presiding Justice who corrected the said error, Justice Peter-Odili, clearly exculpating me, the victim of the above accidental slip, I was remanded in prison custody by the court pending ruling on my bail application.

“The said Letter from the Presiding Justice is hereby exhibited and marked Exhibit “H”.
“Thereafter, the social media, at the behest of Chief Victor Oye and his sponsors, published that Chief Edozie Nyoku had been sent to prison for forgery of a Supreme Court Judgment in collusion with Officers of the Supreme Court.

“The above false Publication and the Criminal Charge which I am now made to face simply because I applied for the correction of an accidental slip which was approved and the error or slip corrected by the Presiding Justice of the Supreme Court, are hereby respectively exhibited and marked Exhibit’s J.

“The above events which all occurred as a result of an accidental slip or error in the judgment of this court and my efforts to have same corrected has led to a great political upheaval within my political party, the All Progressives Grand Alliance (APGA) and resulted in a heavy dent on my character and reputation, Njoku stated.