Only Supreme Court Can Review Its Judgment, APGA Chairman Tells Justice Omotosho

The National Chairman of the All Progressives Grand Alliance (APGA), Chief Edozie Njoku, has reminded Justice James Omotosho of the Federal High Court, that a lower court cannot under any guise, review a judgment made by a superior court of competent jurisdiction.

Chief Njoku stated this on Thursday night, while reacting on the judgment delivered by Justice Omotosho of the Federal High Court sitting in Abuja, which had ordered the Independent National Electoral Commission (INEC) to recognize Barr. Sylvester Ezeokenwa as APGA Chairman.

Chief Njoku said “Justice Omotosho did the unthinkable and attempted to upturn the Supreme Court’s judgment of October 14th, 2021, and was further corrected on March 24, 2023, which reinstated him (Edozie Njoku) as the National Chairman of APGA, having been unlawfully removed by a High Court in Jigawa State.

“A Federal High Court can neither review nor upturn the judgments of the Court of Appeal, which INEC relied on to recognize Chief Edozie Njoku as the National Chairman of APGA.

“Omotosho’s delivery of judgment on a matter awaiting judgment at the Supreme Court is strange and leaves much to be desired’ Chief Njoku stated.

The APGA National Chairman contended that the contempt judgment against Chief Victor Oye and the INEC Chairman, which the Court of Appeal upheld, cannot be vacated or appealed against by a Federal High Court.

Njoku submitted that it is only the Supreme Court that can either uphold, review, or set aside the judgments of the lower court, which INEC complied with.

“Until otherwise decided by the Supreme Court, INEC cannot, under any guise, contemplate removing Chief Edozie Njoku’s name at INEC, bearing in mind that the Supreme Court had declared that his removal is non-justiciable.

“Omotosho’s attempt to review the Court of Appeal judgment, which INEC relied on to recognize Chief Edozie Njoku as the National Chairman of APGA, is an ambush against the Supreme Court judgment.

“Notably, it is only the Supreme Court that can review or set aside its judgements, Chief Njoku added.

More so, Njoku insisted that “the Federal High Court cannot under any disguise or circumstances review or set aside the decision of the Court of Appeal under our legal system, the Court of Appeal is higher in the hierarchy of Courts in line with the doctrine of Stare Decisis.

“The Court of Appeal’s position is that the May 31, 2023 convention, which produced Mr. Sylvester Ezeokenwa, violated the May 10, 2023 order of the FCT High Court Bwari.

“To this extent, Omotosho’s disregard for both court orders and judgment is alarming and calls for concern.

“The purported consequential orders that Omotosho churned out today (Thursday) which is aimed at ordering INEC to insert Sylvester Ezeokenwa’s name as APGA National Chairman is comical, bearing in mind there is a subsisting Court of Appeal judgment compelling INEC to obey the FCT Bwari High Court Judgment” the APGA Chairman said.

According to Njoku, Omotosho’s judgment completely goes against the Supreme Court’s judgment, which insisted that Victor Oye’s name should be deleted completely from the judgment.

Despite the overwhelming evidence put forward by INEC Lawyer and Paul Erokoro, SAN, and including letting the Judge Omotosho know that the matter was awaiting judgment in the Supreme Court, the Judge, Njoku said, “went ahead to make orders that were completely contrary to both the Court of Appeal and the Supreme Court Judgments”.

Recall that the Supreme Court on November 3, 2024, reserved judgment in the appeals filed by Victor Oye & Barr. Ezeokenwa based on the decision of the Court of Appeal, which upheld the enforcement of the Supreme Court judgment by the FCT High Court, wherein Chief Njoku’s position was unanimously confirmed as the National Chairman of APGA.

While judgments on the same subject matter have been reserved sine die, a position Omotosho is well aware of, he ignored it and went ahead to give a judgment on a matter that was pending before the Supreme Court for judgment.

Meanwhile, Njoku has urged all APGA members to remain resolute, calm, law-abiding, and focused, as there is light at the end of the tunnel.

“Our confidence in the judiciary should not be dampened or eroded amidst today’s decision.

“The provocation of today’s decision is not the end in itself but will be subjected to further review by superior courts if necessary; bearing in mind that we are all awaiting the Supreme Court Judgment, which we are confident will uphold the rule of law and restore our hopes for a better tomorrow which we all yearn and aspire for” Chief Njoku stated.

By Paschal Njoku
Friday 20th, November 2024
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