A Federal High Court sitting in Awka, Anambra State and presided over by Justice M.T. Salihu has restrained the newly elected factional National Chairman of the All Progressives Grand Alliance (APGA), Chief Maxi Okwu and all other elected officers from parading or holding themselves as such.
In response to the court order, the party faction postponed its town hall meeting earlier scheduled for Enugu tomorrow, pending the determination of the suit.
In a related development, an elected member of the party’s National Executive Committee (NEC), Habib Gajo has rejected his inclusion into the body. Gajo, a member of the Victor Umeh-led NEC was reelected in absentia as Financial Secretary of Okwu’s faction. But in a letter to INEC dated 11th April 2013, he rejected the reelection, saying he still remains the National Financial Secretary of APGA under Umeh’s leadership.
The NEC suit had been instituted by the duly elected ward, local government and state executives led by Chairman of Njikoka Council, Chief Charles Nwazojie against Okwu and his executives.
After reading the statement, reliefs sought, and grounds upon which the application was filed, Justice M.T Salihu granted the order in pursuant to the Motion Exparte brought by Ugo Ugwunnadi, counsel to the applicants.
The court similarly considered a 44-paragraph affidavit verifying the facts as well as a 12-paragraph affidavit of extreme urgency both deposed to by the applicant on record and filed at this Court Registry, Awka.
“An order of mandamus compelling the 1st Respondent (INEC) to perform her statutory and public duties as enshrined in the Third Schedule and Section 287 (3) of the 1999 Constitution (as amended), and Section 86 of the Electoral Act of 2010 (as amended), by ensuring that the activities of APGA, her members, officers, organs, subordinates, servants, agents or privies, regarding the Executive Committees of APGA both at the National and Anambra State Chapter, are in conformity with the provisions of the 1999 Constitution and Electoral Act (as amended), the Constitution of APGA, to avoid any breach of peace, breakdown of law and order, anarchy and bloodshed in the management of the affairs of APGA Anambra State Chapter, and in Anambra State in general,” a part of the order read.
“An Order of Mandamus compelling the 2nd & 3rd Respondents to perform their statutory and public duties as enshrined in Section 287 (3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the police Act, detection of crime and protection of law and order by investigating the petitions, complaints and reports brought the 4th-6th Respondents by the Applicant for which the 2nd & 3rd Respondents have neglected, refused and failed to investigate.
“An Order of prohibition compelling the 4th – 6th Respondents from acting in the offices in which they are not entitled to act, among others.
Speaking with journalists thereafter, Okwu expressed surprise that the court could give such order while the defendants were unaware of it, saying the order would not stand.
