Restraining Order On APGA Stays – Court

An Enugu High Court on Monday
refused to vacate an interim order restraining the embattled factional chairman
of All Progressive Grand Alliance (APGA), Chief Victor Umeh, from taking steps
to convoke a national, state, or local government executive committee meeting
of the party.

As a result of the refusal of the
court, presided over by the Enugu State Chief Judge, Justice Innocent Umezuike
, supporters of Chief  Umeh who stormed
the court in their numbers wept openly shortly after Justice Umezurike refused
to vacate the interim injunction.    Justice Umezurike slammed
the interim order against Umeh following  a suit filed by one Ichie Jude
Okoli, a member of the party in Enugu, complaining that the actions of the
embattled chairman, who he alleged was occupying the office of the National
Chairman of APGA illegally, saying that such is capable of causing anarchy and
chaos in the party.

The court, he explained, granted
the interim injunction on the ground  that so many legal weighty issues
bordering on locu standi, jurisdiction of the court, abuse of court process,
and whether the suit was a domestic political matter, had been raised.

Delivering ruling on a preliminary
objection brought before him earlier by Umeh’s counsel,  Patrick Ikweato
(SAN), Justice Umezuike refused to vacate the interim order on the ground that
Umeh had already approached the Court of Appeal sitting in Enugu asking it to
vacate the same interim order.

The Enugu State Chief Judge
further explained that the Court of Appeal, which he noted was a superior
court, would not have anything to adjudicate on if he decides to vacate the
order.

He, therefore, refused to vacate
the interim order which he granted in July 25,
and ought to have  expired on 31st  July, 2012.

He explained that the court would
continue to entertain the originating summon, which  seeks
interpretation of some sections of the constitution of APGA and
adjourned the case to September 24,  for
final arguments in the originating summons.

Earlier before  the day’s
verdict, Umeh had told the court through his counsel that the plaintiff lacked
the locus standi on the matter, adding that the court equally lacked the
jurisdiction to entertain the suit, saying it was entirely a domestic matter of
APGA.

He  also argued that even if
the plaintiff was a member of APGA, his locus standi on the matter was still in
doubt, insisting that for the fact that APGA was not made a party in the suit,
it should be discountenanced.

The plaintiff in his counter
motion, submitted that Okoli had nothing against APGA as a party, adding
“rather we are calling on my Lord to interpret provisions of the constitution
of APGA as it relates to the plaintiff and the defendant”.

He told the court  that
Umeh’s tenure as National Chairman of APGA expired since 2010, adding that the
embattled chairman had continued to remain in office illegally without a valid
convention.