Enugu Judge Dragged To NJC Over ‘Controversial’ Exparte Order

The All Progressives Congress (APC) South East Zone has lodged a formal complaint against Hon. Justice C. V. C. Ezeugwu of the Enugu State High Court, following his controversial exparte order that has effectively barred the Enugu State Chairman of the party, Barr. Ugochukwu Agballah, along with ten others, from claiming their positions as party officials.

The complaint, articulated in a statement personally signed by Dr. Ijeomah Arodiogbu, National Vice Chairman of APC Southeast Zone, was shared with journalists in Enugu over the weekend.

Dr. Arodiogbu pointed to the “exparte order made on 7/8/2024 in Suit NO. E/548M/2024: Nwafor Alphonsus Onyeachonam & 4 ORS vs. Hon. Ugochukwu Agballah & 10 ORS,” which has been rapidly circulating on social media, raising eyebrows and concerns within the political landscape.

The Zonal Vice Chairman emphatically clarified that the APC is not a party to this contentious suit and asserts that it was never joined in the proceedings. He further stated that no exparte order has been duly served to the party, which is recognized as a constitutionally established political entity in Nigeria.

Additionally, the APC highlighted a critical oversight—the Independent National Electoral Commission (INEC) was also not included in the suit, a glaring deviation from the stipulations laid out in the Electoral Act of 2022.

This situation not only challenges the integrity of the judicial process but also raises significant questions about the implications for the party and its leadership structure.

“All Progressives Congress hereby informs unauthorized persons to desist from tampering, interfering or accessing or meddling with the properties, offices and assets of the All Progressives Congress (APC),” the party warned.

Arodiogbu declared that the Constitution of the All Progressives Congress, expressly prohibits the officials or members of the party from instituting court cases against the party without exhausting internal dispute resolution mechanisms.

“Some of the parties and official positions stated in the media-advertised interim order are completely unknown to the party and the Constitution of the party as amended. And that is why the party insists that an opposition political party in Enugu state is involved in the media-orchestrated crisis in our party.

“A few months ago, it was Kano state where the opposition party tried unsuccessfully to embarrass our party with an exparte order against H.E Dr Umar Ghanduje our national chairman and now it is Enugu state, where forces are obviously afraid of our celebrated hard working state chairman the Hon Ugochukwu H Agballah, who has courageously weeded out very powerful moles and restored discipline and dignity to our Enugu state chapter,” he noted.

The Zonal APC leadership stressed that Agballah has not only been the voice of the voiceless and helpless masses but also the voice of political prisoners and speaks truth fearlessly to power.

“The party has also petitioned the NJC against Justice CVC Ezeugwu for giving an exparte order to persons and offices unknown to the APC in a matter where the APC is not a legal party without putting the party on notice as required by the rules of court and as directed by the NJC.

“The party hereby informs the general public to disregard all media reports that the said order of exparte interim order of injunction is directed to All Progressives Congress, its offices and bankers.

“Our party is guided by the decision of the Supreme Court and other superior courts that a political party has exclusive jurisdiction over its internal affairs and disputes and no court has jurisdiction whatsoever to entertain party disputes. Under the Electoral Act 2022 INEC as a statutory respondent/defendant in every political case was not joined as a party in the said suit.”

“We have put the security agencies on the alert and have instructed our lawyers from the national headquarters to quickly vacate this most obnoxious order.” It would be recalled that some members of the party recently addressed some journalists and announced the suspension of the State Chairman, Agballah and three others.

The party members subsequently got an exparte order restraining Hon Agballah and ten others from functioning as officers of the party pending the determination of the substantive suit slated for hearing on August 13.

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