Attorney General of the Federation, Mr. Mohammed Adoke, has advised the office of Secretary to Government of the Federation to deal with Maxi Okwu leadership of the All Progressives Grand Alliance.
Adoke’s decision was made known to The PUNCH on Wednesday, following fresh round of crisis that ensued in APGA over nomination of the party’s delegates to the national conference.
The office of the SGF had been thrown into confusion over which of Victor Umeh and Okwu was the authentic APGA national chairman to nominate delegates to the conference.
The Okwu-led leadership had cited a validly held national convention to claim its authenticity, but Umeh’s petition to the office of the SGF had made it to seek legal interpretation and directives.
However, in a letter dated April 2, 2014 with reference number HAGF/SGF/2014/Vol 1) captioned, “Re: Nomination of All Progressives Grand Alliance, (APGA) delegates for the National Conference,” the AGF advised the SGF to deal with Okwu leadership as the duly elected leaders of APGA.
The letter read in parts, “Please refer to your letter with reference number SGF/30/S.3/iii/952 dated March 27, 2014 requesting for my opinion in respect of the above subject matter. I have examined the decision of the High Court of Anambra State in Suit No. A/126/2013, Onwudinjo V. Maxi Okwu and Ors and that of the Court of Appeal in Appeal No. A/126/2013-Onwudinjo V. Maxi Okwu and Ors which validated the National Convention of APGA held on April 8, 2013.
“I have also examined the decision of the Federal High Court in Suit No. FHC/ABJ/CS/563/2013 – Chief Maxi Okwu and Ors V. Chief Victor Umeh as National Chairman of APGA. I wish to observe that though the case is currently on appeal, no valid order of stay of execution exists.”
The letter also read. “I am therefore of the respectful view that on the basis of the above decisions, Chief Maxi Okwu should be recognised as the national chairman of APGA for the purpose of nominating the party’s representatives to the national conference.”
In another development, the Court of Appeal, Abuja, presided over by Justice Amiru Sanusi, has struck out a motion for accelerated hearing of the appeal by the appellants’ counsel.
More so, Umeh and Secretary of his faction, Sani Shinkafi, have also withdrawn their motion for stay of execution of the Federal High Court, Abuja judgment that invalidated their positions.
The court had adjourned till April 19, to hear the appeal by Umeh and Shinkafi, challenging the judgment of a Federal High Court, Abuja, which ousted them as national chairman and national secretary of APGA.
Presiding Judge, Justice Amiru Sanusi, had adjourned after it struck out a motion for accelerated hearing of the appeal by the appellants’ counsel.
The appellate court is to hear the major issue in the appeal, which is whether the Federal High Court can validly sit as an Appeal Court over the decision of the Court of Appeal.
The appellants, Umeh and Shinkafi, are in the appeal challenging the whole decision of the lower court presided over by Justice Abdul Kafarati, on the grounds that he erred in law and occasioned a miscarriage of justice when he refused to uphold the preliminary objection challenging the jurisdiction of the court to entertain the suit.
The appellants are also contending that the trial judge erred in law and thereby occasioned a grievous miscarriage of justice in refusing to abide by and giving effect to the judgment/order by the Court of Appeal, Enugu Division, in Appeal number CA/E/84/2013 between Chief a Chief Victor Umeh v Ichie Okuli Jude, delivered on July 15, 2013, where the Court of Appeal returned Umeh as national chairman of APGA. Punch
