What is INEC’s Interest in APGA’S Internal Squabbles?
Despite the Supreme and Federal High Courts’ judgements recognizing Chief Edozie Njoku as Chairman of the All Progressives Grand Alliance, Chairman of the Independent National Electoral Commission, Prof Mahmood Yakubu, has refused to do same, even at the
Only recently, precisely November, 2023, the Court of Appeal in Abuja, while delivering judgment in an appeal in the Bauchi State House of Assembly election came down heavily on the Independent National Electoral Commissioner (INEC), for being partisan in the same election they conducted.
In the lead judgment delivered by Justice K. I. Amadi, the appellate court described as embarrassing the fact that INEC could appear before it to act in favour of a party in an election dispute, by disowning documents that it not only issued, but also duly certified.
The appellate court lamented that the electoral body has continued to “dance naked in the market,” even though it was meant to assume a neutral stand in election litigations.
“The INEC as an institution should be reminded of its role in an election; to be an unbiased umpire between parties.
“It should stop behaving irresponsibly, having in mind that its duty to conduct election has a direct bearing on peace and well-being of the country.
“The role of INEC in election dispute should be limited to the tendering of all the documents used in an election and explaining what they were used for and how they were obtained.
“INEC should stop dancing naked in the market, pretending that no one is seeing its nakedness and its dancing steps,” the court warned.
As punitive measure, the appellate court then slammed a N500, 000 cost against INEC.
Unfortunately, INEC has continued to act as if it is a lord on its own disregarding courts’ decisions and orders, including judgments of the Supreme Court, the final court of the land.
Nothing can be so amusing as to discover that nearly a year after the apex court clarified on who is the chairman of the All Progressives Grand Alliance (APGA), INEC and its Chairman, Prof Mahmood Yakubu, have not only continued to disregard the judgment of the apex court, but is currently at the Court of Appeal, to argue why he should not be sent to prison for disobeying valid orders of courts of competent jurisdiction.
This action of INEC does not only smack disregard for the rule of law and respect for the courts, but portrays INEC as a bad loser, assuming that the commission and Yakubu were a factional leader of the All Progressives Grand Alliance.
As far back as October 14, 2021, the apex court has resolved the issue of the authentic leadership of APGA, but INEC which was supposed to be non-partisan had since “jumped into the arena” taking side against Njoku.
When berated against its refusal to abide by the decision of the apex court, INEC through its then Information and Voter Education Committee Chairman, Mr Festus Okoye, explained that “the suit in question started from the Jigawa State High Court, initiated by one Alhaji Rabiu Garba Aliyu against Chief Jude Okeke and three others. Chief Edozie Njoku was not a party to the suit.
“One of the reliefs sought is a ‘Declaration that the national officers of the All Progressives Grand Alliance, including the Plaintiff, who were elected at its national convention held in Owerri, Imo State on May 31, 2019 shall remain in office and discharge their respective duties for a term of four years commencing from 31st May 2021’.”
Okoye stated further that, “On June 30, 2021, the Jigawa State High Court in suit No: JDU/022/2021 entered judgment in favour of the said Alhaji Rabiu Garba Aliyu. On appeal, the Court of Appeal described the suit as an abuse of the court process.
“Consequently, the entire proceedings of the Jigawa State High Court in suit No. JDU/022/2021, delivered by Musa Ubale J on June 30, 2021 and the judgment delivered thereon were accordingly set aside.
“The Supreme Court in its judgment of October 14, 2021 affirmed the decision of the Court of Appeal”.
But what Okoye and INEC did not say or would not accept was the fact that the October 14, 2021 judgment was to the effect that parties should “maintain status quo” prior to the offending suit filed by Alhaji Rabiu Garba Aliyu.
Also, the electoral umpire, did not say that the apex court, on the decision of who should be the acting chairman upon the alleged suspension of the party’s chairman, Chief Edozie Njoku, held that such matters are within the internal affairs of the parties and as such, the matter is not justiciable.
“Thus, this court is cloaked with the jurisdiction to restore the parties to the position they ought to have been prior to the offending action”, Justice Ibrahim Saulawa had held.
Like Justice Mohammed Madugu questioned in his judgment of June 6, 2023, “what was the status quo prior to the offending suit instituted at the Jigawa State High Court referred to by the Supreme Court “.
Recall that Aliyu had approached the Jigawa State High Court to be declared acting chairman of APGA instead of Chief Jude Okeke.
INEC progressing further in error claimed that Njoku, who was never a party to any of the suits and the processes filed in the various courts approached the Supreme Court of Nigeria as an interested person/applicant and filed a ‘Motion on Notice’ seeking for an order of the court to correct “typographical errors and accidental slip” in the lead judgement of the Supreme Court.
“This was granted and the correction did not in any way affect the substance of the suit and the orders made by the Supreme Court”. By this INEC is claiming to have a better knowledge and understanding of the law than the justices of the apex court, who accepted and corrected the “typographical errors and accidental slip”.
Little wonder the Commission further declined to obey Justice Madugu’s order restraining it from “accepting, recognizing and dealing with the first respondent (Chief Victor Ike Oye).
“Before I wind up, I must make it clear and unequivocal that the 1st Respondent, Chief Victor Ike Oye has no locus to act or parade himself as the Chairman of APGA. This is evident from the judgment of the Supreme Court Exhibited in the plaintiff’s affidavit, delivered on March 24, 2023. The excerpt from page 24 of the said judgment is hereby reproduced in verbatim:
“It cannot seriously be disputed that the chairman allegedly suspended at Owerri, Imo State and who the 3rd Respondent sought to replace as Acting Chairman in the suit he filed before the trial court, against the Appellant, Chief Jude Okeke and INEC, was Edozie Njoku; ie. the Applicant. The name of Chief Victor Oye; the 2nd Respondent, was not included or even mentioned in the case that was filed by the 3rd Respondent, either as a person or as the Chairman of the Ist Respondent suspended or replaced at the Owerri Convention of May 31, 2019. This is borne out by the questions raised and the reliefs sought by the 3rd Respondent in the suit before trial court, set out in the judgment of October 14, 2021”.
Although INEC would at the slightest opportunity say, “The Commission is a lawabiding institution and will continue to accord the requisite respect to judicial institutions and obey the orders of court”, but with what the Commission is doing, it is very much in doubt if the electoral umpire and Yakubu are ready to abide by decisions of the courts, including that of the apex court.
Yakubu has remain adamant despite the threat of beong sent to jail. Speaking through his Chief Press Secretary, Mr Rotimi Oyekanmi, the INEC boss said he is not guilty of contempt of court for failure to recognize Njoku as APGA National Chairman. He was reacting to call on Yakubu to obey orders of courts by a former APGA National Chairman, Chief Chekwas Okorie.
“This is a matter involving the leadership of APGA of which Okorie is not involved at all, but for reasons best known to him, he presented a twisted narrative to justify his unwarranted attack on the person of the Chairman of INEC.
“Unfamiliar with the facts, he claimed that “neither Yakubu nor INEC has appealed against the judgment that found him guilty of contempt.
”If Okorie had been diligent, he would have availed himself of the record of proceedings of the Court of Appeal (CA/ABJ/CV/724/2023) before making his spurious allegations.
“Nobody can be said to be in contempt of an Order of a lower Court when the matter is before a superior Court and therefore subjudice. Okorie should be cautious in making malicious allegations of this nature,” Oyekanmi had said.
Be that as it may, one begins to wonder and ask; which is easier, to simply recognize Njoku as APGA’s National Chairman or to spend scarce resources of the Commission in needless litigations?
What does Yakubu aim to achieve from his appeal at the appellate court? Why is it so difficult for Yakubu to obey the orders of courts by simply recognizing Njoku, is there a vested interest Yakubu is protecting? Is Yakubu waiting for the apex court to also order him to purge himself of contempt before he would do what is right?
Nothing can be so amusing as to discover that nearly a year after the apex court clarified on who is the chairman of the All Progressives Grand Alliance (APGA), INEC and its Chairman, Prof Mahmood Yakubu, have not only continued to disregard the judgment of the apex court, but is currently at the Court of Appeal, to argue why he should not be sent to prison for disobeying valid orders of courts of competent jurisdiction. This action of INEC smacks disregard for the rule of law and respect for the courts.