* Agbaso didn’t obtain S’Court stay order to stop Oye,
says legal adviser
The All Progressives Grand Alliance (APGA) has written a
petition to the National Judicial Council (NJC) against an Enugu
High Court Judge, Justice A. R. Ozoemenam, who handled a case on
the intra-party crisis rocking the party.
In the petition dated July 28, the party sought the intervention
of the NJC and the Chief Justice of Nigeria (CJN), Justice Walter
Onnoghen, to investigate the circumstances surrounding the issuance
of the order of mandamus by Justice Ozoemenam, and if found guilty,
should sanction him.
According to a copy, Our reporter gathered yesterday from a
reliable party source who confirmed that the CJN had written back
to the party acknowledging the receipt of the petition, and assured
them that action was being taken on the matter.
When contacted to give an update on the issue, the National
Chairman of the party, Chief Victor Oye, said the party saw the
action of the judge as totally uncalled for and embarrassing to the
law.
Oye said: “I was taken aback because I know that mandamus order
should come based on an earlier order that has been brazenly
flouted. That is when the mandamus order is issued to compel the
authorities to ensure that the judgement is implemented. But in
this case, there was no previous order or judgement.
So from where did he get the judgment? Therefore, we thought
that the order was fraudulently obtained because those involved did
everything to make it impossible for us to get the order
vacated.”
Oye explained that he was abroad when the news came that an Enugu
High Court headed by Justice Ozoemenam issued an order of mandamus
against him in favour of Martin Agbaso.
He accused Agabso of colluding with the judge to frustrate the
efforts of the party to get the order vacated, adding that what was
brought before the High Court was an application for a judicial
review that would have led to the issuance of order of
mandamus.
“I was scandalised because both of us were not parties to the
suit. The suit was instituted by one Mark Alioke against the
Inspector General of Police (IG). INEC and Commissioner of Police
in Enugu State,” he said.
On why the party has applied to NJC , Oye said: “We are seeking
the intervention of the NJC to deal with this corrupt judge and
show that he has exhibited incompetence in handling the case
“We believed that what was before the Justice Ozoemenam was a
judicial review but the judge went ahead to give an order of
mandamus.
“We had to go to the Court of Appeal to be joined as a party in
the case and the appeal court in its wisdom had to joined me. The
court on August 16, while listening to all arguments from both
parties, had its judgment despite move by Agabso and his group to
slam a stay of execution to scuttle the Appeal Court judgement.
“I have never seen that kind of thing in my life. Our position
is that the man is not qualified to be a judge and should be
sacked.”
Meanwhile, the Anambra State legal adviser of APGA, Mr. Sly
Ezeokenwa, has dismissed rumours that the Martin Agbaso faction of
the party obtained any order of stay of execution stopping Oye as
the national chairman of the party.
Ezeokeokenwa insisted that the August 16 Appeal Court verdict
which affirmed Oye as the authentic National Chairman of APGA still
stands.
The state legal officer who spoke to journalists yesterday,
explained that the Supreme Court is on recess and would resume for
a new legal year about middle of September and could not have
issued any stay of execution to Agbaso and his men.
He added that there was no vacation panel constituted by the
Supreme Court, stressing that the court needed to sit to issue such
an order.
* Agbaso didn’t obtain S’Court stay order to stop Oye,
says legal adviser
The All Progressives Grand Alliance (APGA) has written a
petition to the National Judicial Council (NJC) against an Enugu
High Court Judge, Justice A. R. Ozoemenam, who handled a case on
the intra-party crisis rocking the party.
In the petition dated July 28, the party sought the intervention
of the NJC and the Chief Justice of Nigeria (CJN), Justice Walter
Onnoghen, to investigate the circumstances surrounding the issuance
of the order of mandamus by Justice Ozoemenam, and if found guilty,
should sanction him.
According to a copy, Our reporter gathered yesterday from a
reliable party source who confirmed that the CJN had written back
to the party acknowledging the receipt of the petition, and assured
them that action was being taken on the matter.
When contacted to give an update on the issue, the National
Chairman of the party, Chief Victor Oye, said the party saw the
action of the judge as totally uncalled for and embarrassing to the
law.
Oye said: “I was taken aback because I know that mandamus order
should come based on an earlier order that has been brazenly
flouted. That is when the mandamus order is issued to compel the
authorities to ensure that the judgement is implemented. But in
this case, there was no previous order or judgement.
So from where did he get the judgment? Therefore, we thought
that the order was fraudulently obtained because those involved did
everything to make it impossible for us to get the order
vacated.”
Oye explained that he was abroad when the news came that an Enugu
High Court headed by Justice Ozoemenam issued an order of mandamus
against him in favour of Martin Agbaso.
He accused Agabso of colluding with the judge to frustrate the
efforts of the party to get the order vacated, adding that what was
brought before the High Court was an application for a judicial
review that would have led to the issuance of order of
mandamus.
“I was scandalised because both of us were not parties to the
suit. The suit was instituted by one Mark Alioke against the
Inspector General of Police (IG). INEC and Commissioner of Police
in Enugu State,” he said.
On why the party has applied to NJC , Oye said: “We are seeking
the intervention of the NJC to deal with this corrupt judge and
show that he has exhibited incompetence in handling the case
“We believed that what was before the Justice Ozoemenam was a
judicial review but the judge went ahead to give an order of
mandamus.
“We had to go to the Court of Appeal to be joined as a party in
the case and the appeal court in its wisdom had to joined me. The
court on August 16, while listening to all arguments from both
parties, had its judgment despite move by Agabso and his group to
slam a stay of execution to scuttle the Appeal Court judgement.
“I have never seen that kind of thing in my life. Our position
is that the man is not qualified to be a judge and should be
sacked.”
Meanwhile, the Anambra State legal adviser of APGA, Mr. Sly
Ezeokenwa, has dismissed rumours that the Martin Agbaso faction of
the party obtained any order of stay of execution stopping Oye as
the national chairman of the party.
Ezeokeokenwa insisted that the August 16 Appeal Court verdict
which affirmed Oye as the authentic National Chairman of APGA still
stands.
The state legal officer who spoke to journalists yesterday,
explained that the Supreme Court is on recess and would resume for
a new legal year about middle of September and could not have
issued any stay of execution to Agbaso and his men.
He added that there was no vacation panel constituted by the
Supreme Court, stressing that the court needed to sit to issue such
an order.
Read more https://nairalaw.com/apga-petitions-njc-over-enugu-judge/