APGA Tussle: Oye, Soludo Win As Court Of Appeal Sets Aside Jigawa High Court Judgment
It was a well considered and thorough judgment of the Special Panel of the Court of Appeal Kano Judicial Division on August 10, 2021.
The 3 man Special Panel, led by Tsammani JCA, began by holding that the suit at the trial Court was a leadership tussle in APGA.
Accordingly, by the clear provisions of Section 285(14)(a)-(c) of the 1999 Constitution (as amended); the suit is not a pre-election matter.
The Court of Appeal relied on the binding recent decisions of the Supreme Court delivered on March 5 2021 in *IGO AGUMA v APC* and *APC v. DELE MOSES* which arose from APC crisis in Rivers State, to firmly hold that the suit at the trial Court which led to the instant appeal, was never a pre-election matter as defined by the Constitution and upheld by the Supreme Court.
On that premise, the purported Preliminary Objections of the 1st and 2nd Respondents, one Garba Aliyu and his co-traveller, one Jude Okeke were dismissed as grossly misconceived.
Not being a pre-election matter, the Court found the arguments of the 1st and 2nd Respondents that the appeal of APGA and Oye was filed out of time, to be grossly misconceived.
Moving on, the Court of Appeal excoriated Musa Ubale J. of Jigawa State High Court for exceeding his territorial jurisdiction and dabbling into APGA matters that arose outside Jigawa State.
For denying APGA and Oye fair hearing by hearing the suit behind their back, the Court of Appeal held that the judgment of Musa Ubale of Jigawa State High Court, was unconstitutional and a complete nullity.
The Court of Appeal further relied on the APGA Constitution 2019 to find as a fact that Oye remains the incumbent National Chairman of APGA having been re-elected on May 31, 2019 at APGA National Convention in Awka for another 4 year tenure.
The Court of Appeal also took Judicial Notice of the judgment of Anambra State High Court, delivered on November 18 2020, which affirmed the validity and subsistence of APGA National Convention of May 31 2019 in Awka.
All the 5 Issues for Determination, formulatd by the Appellants were resolved in their favour, leading to the appeal being wholly allowed.
The proceedings and judgment of Musa Ubale J. of Jigawa State High Court was declared a nullity and accordingly quashed.
Regarding the sister appeal numbered as Appeal No. CA/KN/121/2021, which the 1st and 2nd Respondents (Aliyu and Okeke) filed to perpetuate their Jigawa black market judgment, the Court of Appeal determined that the appeal is spent. It was deemed superfluous and an academic sojourn, undeserving of precious judicial time.
The appeal was accordingly struck out vide a Judgment delivered by Maiwada Abdullahi JCA.
In today’s proceedings, APGA and Oye were represented in Court by Chief Steve Nwoga and Ifeanyi Mbaeri Esq. as Counsel.
The National Vice Chairman South East of APGA and the party’s Senatorial Candidate in Enugu East Senatorial District in the 2019 general election, Chief Uche Nwegbo, stood up in Court as representative of the 1st Appellant, APGA.
