Edozie Njoku has asked the Independent National Electoral Commission (INEC) to recognise him as national chairman of the All Progressives Grand Alliance (APGA), citing a Supreme Court judgement.
This was contained in a statement signed by the National Secretary of APGA, Muhyideen Imam, on Wednesday in Abuja.
He said the Supreme Court in its judgement on 24 March resolved conclusively the APGA leadership dispute.
“ The Apex Court in its judgment resolved conclusively the APGA leadership dispute in favour of Chief Edozie Njoku as the undisputable chairman of the party whose purported removable as national chairman was declared null and void by the apex court.
“It needs to be stated at this point that the dispute being who should be the acting national chairman of the 1st Respondent, APGA and whether the Chairman, Chief Victor Oye was validly replaced are within the confines of the internal affairs of the 1st Respondent which is not justiciable.’’
Mr Imam said the letter Mr Njoku wrote to INEC read “We will be most grateful if my recognition is instantly addressed and speedily honoured, bearing in mind that all the confusion from the Police and other allegations have been laid to rest.
“The judgment has also made it so clear that the issue of Edozie Njoku’s removal, at any point in time, is within the confines of the internal affairs of APGA and it is NOT justiciable.
“We look forward to a mutual cooperation for the future,’’ the letter said.
The Supreme Court, in a unanimous decision by a five-man panel of justices, admitted that it had in a judgement it delivered in 2021, erroneously written the name of Victor Oye, as chairman of the party.
In the lead ruling that was delivered by Mohammed Lawal, the court said it has the powers to review its judgement and correct such “accidental slip or error” when it is brought to its attention.
It, therefore, issued an order, expunging the aspect of the judgment where Mr Oye’s name was reflected as the national chairman of the party.
The ruling followed a motion that was brought before the court by Mr Njoku.
Mr Njoku had in an application he filed through his team of lawyers led by Chike Onyemenam, SAN, urged the court to correct a typographical error in its judgement, which he said wrongly handed the leadership of the party to Mr Oye.
The applicant noted that the Supreme Court had in a letter it wrote to him on 19 January, wherein it addressed him as the national chairman of APGA, asked him to approach it by way of a motion to regularise the said judgement.
Relying on Order 8 Rule 16 of the Supreme Court Rules, Mr Njoku prayed the court to correct the said error in the lead judgment it delivered on 14 October 2021, in an appeal that was presided over by Mary Peter-Odili (Rtd).
He specifically urged the Supreme Court to correct an accidental slip on Page 13, lines 3 to 4 of its judgment, where instead of writing the name of ‘Edozie Njoku’ who was unlawfully removed from his position as the person that was validly elected as national chairman of APGA at the convention the party held at Owerri in 2019, mistakenly inserted the name of Victor Oye, who was not a party in the substantive suit that gave rise to the appeal.
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