Abia 2019: Court nullifies Alex Otti’s candidature, upholds Chikwe Udensi’s emergence as APGA flagbearer

http://www.suncitynewsng.com/abia-2019-court-nullifies-alex-ottis-candidature-upholds-chikwe-udensis-emergence-as-apga-flagbearer/

February 7, 2019 admin

The Federal High Court sitting in Umuahia yesterday dismissed a suit filed by a faction of the All Progressives Grand Alliance (APGA) in Abia State, led by one Rev. Ehiemere

You will recall on September 25, 2018, the vacation court sitting in Umuahia, acting on the constant abuse of orders issued on the past on the controversy over the Chairmanship of Prince Nnanna Onapuruagu Ukaegbu of the Abia State chapter of the party ordered that the claimant Prince Nnanna Ukaegbu should continue and act de jure as the chairman and that all decisions of the party on the state, Zonal, LGA and Ward Levels MUST pass through him. The court ruled further that any to the contrary is a nullity.

To this position of the court, The Ehiemere-Led faction of the party, filed a motion to set aside this order in November 2018. The state high court dismissed this matter and referred the Ehiemere-Led faction to pursue their matter in appeal court as the State High Court lacks the locus to entertain their matter.

Prior to this ruling however, this faction, again in defiance of the order of court proceeded to convene a state congress from which it produced Alex Otti as its flagbearer. This exercise in itself remains a nullity as the position of the party’s constitution only allows the state chairman the ability to so do. (please see Article 24(3) of APGA Constitution as amended), and the position of the law based on the extant order of court made on September 25, 2018.

Again the Ehiemere-Led Faction filed a Motion for the Stay of Execution of this order at the State High Court and by some twist of judicial abuse of process, filed same at the court of appeal in Owerri.

Further to these pending matters, Prince Nnanna Ukaegbu filed via an Originating Summons, at the Federal High Court sitting in Umuahia, prayers for reliefs based on the orders or court, which primarily aimed at the court directing INEC to recognize the list of candidates nominated by the authentic APGA congress as given force by law.

These three matters coincidentally came yesterday being February 6, 2019, for judgement and rulings (as each applies).

The federal high court in its ruling, recused itself from the matter thus dismissing it on the grounds that sufficient jurisdictional grounds were not put forward for it to hear the case.

In a twist of news too, the state High Court whereat the Ehiemere faction sought to receive a stay of execution of the order of the Vacation Court denied the application by them. Then court of appeal sitting in Owerri also yestetday dismissed the appeal brought by this same faction. Thus authenticating Nnanna Ukaegbu as the chairman of the part.

In a release by Obinna Onyekachi Mgbeahurike, the Offical Spokesman APGA Abia State Chapter and Director Media, Publicity and Strategic Communications, Sir Chikwe Udensi Campaign Organization, as explained below, Sir Chikwe Udensi remains the authentic candidate of the party in the forthcoming governorship election:

1. Prince Nnanna Ukaegbu remains the chairman of the party and that the powers vested in him as the chairman of the state remains valid. All party’s activities as may concern INEC and any other agencies going into this elections remain vested in him. He alone can appoint or receive information on behalf of the party in Abia State in whatever level or scope such information may come.

2. That while the name of Alex Otti may subsist with INEC, he lack any form of party control going into the elections.

3. That a court dismissing a case on the grounds of jurisdiction does not bar Prince Nnanna Ukaegbu from appealing such a judgement since there is judicial interpretation to his chairmanship by both the state high court and the appellate court. It is also trite in law that the beneficiary of a judgement MUST enjoy the fullest extents of that judgement and in this case since the party’s constitution vests the power to convene the state congress on the Chairman and The nomination of candidates in the congress, it makes for sound logical reasoning that the Candidacy of Chief Sir Chikwe Udensi remains authentic and shall be presented before the appellate courts to determine.

These points in law means that the celebrations and the half truths are mistimed and misguided. The party therefore frowns at these lies that are abound on social media as they do not represent the facts or the position of the law and the party.

I shall avail us, at the earliest convenience, the enrolled order on the three matters as soon as the courts are able to provide them.

Let us be guided by facts accordingly.