APGA crisis: Appeal Court delivers judgment tomorrow on Umeh’s removal The Court of Appeal sitting in Enugu will tomorrow (Monday) deliver judgment on the appeal filed by the National Chairman of All Progressives Grand Alliance (APGA), Chief Victor Umeh, challenging his removal by an Enugu State High Court. Judgment was reserved in the matter on July 4 shortly after the parties in the suit adopted their written addresses and made oral submissions before the three-man special panel of the appellate court. Sunday Independent gathered from competent court sources that both the appellant (Umeh) and the respondent, Jude Okuli have been served notices of the judgment to be delivered tomorrow. Before the matter was reserved for judgment by the panel comprising Justice Paul Galinje (Chairman), Kwasami F.A. and Tom Yakubu, the lead counsel to the appellant, Wole Olanipekun (SAN), urged the appellate court to set aside the judgment of the lower court, arguing that the respondent, Okuli who filed the suit had no locus to do so. Olanipekun who led Patrick Ikwueto (SAN) and others, explained that the respondent was expelled from APGA before he filed the suit in the lower court, adding that he did not go to the lower court to ask for reinstatement before the trial judge reinstated him. Stressing that the lower court delivered a contradictory judgment, Olanipekun said the fact that APGA was not joined as a party could be fatal to the case and has rendered the matter incompetent. He said the trial judge made himself a plaintiff counsel by extending the case of the respondent (Okuli) and posing questions himself and answering in favour of the respondent. Olanipekun noted that even when the judge found out that the parties in the matter sharply disagreed over affidavit evidence, he did not call for oral evidence as required by the court and went ahead to deliver judgment. He made it clear that the lower court lacked jurisdiction to entertain the matter since it bothered on the internal affairs of a political party. Insisting that the matter was not appropriate for determination based on an originating summons, Olanipekun said that the judge was hostile in his proceedings and judgment. Arguing on the contrary, lead counsel to the respondent, Onyechi Ikpeazu (SAN) said the case cannot be defeated by reason of non joinder of APGA, for the main reason that the complaint was directed to Chief Umeh, personally based on his arbitrary conduct. Ikpeazu said it wasn’t really an APGA matter but a grouse between individuals within the party, just as he contended that the appellant didn’t make the issue of locus standi the main grouse in the appeal. Reacting to the issue of lack of jurisdiction raised by the appellant, Ikpeazu said the law is clear that where a party or a member of the party violates the constitution of the party, the court will have jurisdiction. He said where the allegation is for the court to interpret a provision of the constitution with a view to determine that a particular party had principle that exceeded its rights, it is a matter in which the court has jurisdiction. After hearing the submissions of the parties, the court reserved judgment on the case. The Chief Judge of Enugu,Justice Innocent Umezulike had on February 8 this year delivered a judgement where he sacked the Umeh-led leadership of the APGA based on the prayers by Okuli. Before the ruling, Umeh had asked him to disqualify himself, raising fears of bias, but the Justice ignored the application brought before his court on that.
Posted on: Sun, 14 Jul 2013 11:02:26 +0000
Trending Topics
Recently Viewed Topics
© 2015