The Kano Appeal Court Judgement yesterday set aside the judgement of Jigawa state high court which recognized Barr Jude Okeke as the Acting National Chairman of APGA.
The Jigawa state high court judgement was delivered on June 30, 2021. After the judgement, Ozo Victor Oye and Chief Edozie Njoku who are also laying claims to APGA National Chairmanship seat having not been a party to the suit filed joinder applications at the Appeal court as interested parties.
And on July 30th, the Special Appeal Panel sat and considered the joinder applications by Oye and Edozie Njoku.
However, the counsel to Jude Okeke had argued that the issue before the Appellate court was a pre-election matter and that Oye and Edozie Njoku filed out of time. He argued that as a pre-election matter, that they ought to have filed their joinder applications within 14 days as stipulated by law.
On August 5, the Special Appeal Panel looked the argument and agreed that the matter before them is a pre-election matter and struck out the application from Edozie Njoku which they said was filed within the mandatory 14 days from June 30, when Jigawa state high court gave its judgement.
And on the application from Oye, he was surprisingly joined. It is on record that Edozie Njoku even filed before Oye.
And yesterday, the same Special Appeal Panel which agreed that the matter before them is a pre-election matter and struck out the application from Edozie Njoku because he filed out of time, turned around to claim that the matter before them was no longer a pre-election matter in the case of Oye.
One wonders how the matter became a pre-election matter just to do away with Edozie Njoku and in order to favour Oye, it was no longer a pre-election matter.
So on what ground did the Special Appeal Panel in Kano strike out the application by Chief Edozie Njoku when the matter is not a pre-election even when Edozie Njoku filed his application on July 19 as against the judgement of Jigawa state high court delivered on June 30.
There is clearly a miscarriage of justice here.
This judgement is faulty and can not stand.
Edozie Njoku should head to the Supreme court to ask the Apex court to determine how the Appeal court Kano struck out his application on the claim that the matter before them was a pre-election matter and that his application was filed out of time and on the same appeal in another joinder application ruled that the matter was not a pre-election matter.
Jude Okeke should also ask the Supreme court to determine how Oye got a judgement at the Oyo state high court Ibadan and the Appeal court, Ibadan ruled that the Yoruba court has jurisdiction to entertain an APGA leadership matter while a Kano Appeal court division ruled that a Jigawa state high court has no same jurisdiction to determine an APGA matter.
These are serious issues to shape our judicial practice. It is a pity how our courts operate. They are aiding our politicians to destroy our democracy. How same panel over ruled itself in the same matter in a space of 6 days can only be seen in a banana republic and not in an organized society.
We shall continue to bring out major flaws in what they did at Kano.