The Court of Appeal sitting in Enugu, yesterday, adjourned indefinitely the appeal pending before it bordering on the leadership tussle in the All Progressives Grand Alliance, APGA, pending the decision of the National Judicial Council, NJC , on the petition written by the respondent, Jude Okuli accusing the panel of bias. The three-man panel of justices including Paul Galinje (Chairman), F. A. Kwasami and Tom Yakubu, who presided over the appeal said at the resumed hearing of the case yesterday that the respondent, Mr. Okuli had petitioned the NJC over their ruling for stay of execution of the Enugu State High Court's decision that removed from office the party's National Chairman, Chief Victor Umeh.
According to the chairman of the panel, Justice Galinje, the NJC had forwarded a copy of the petition to him for his comment and he had since done that, adding that since they were aware of the pendency of the petition, the substantive appeal could not be heard until the council takes decision on the petition. He therefore adjourned the matter sine die saying further hearing of the appeal would depend on the outcome of the petition before the NJC. Meanwhile, the Appeal filed by Okuli at the Supreme Court against the stay of execution granted Umeh by the appellate court, had been slated for hearing on December 16 and 17, this year, one month after the scheduled November 16 governorship election in Anambra State.
The Federal High court sitting in Awka had last week vacated the interim order it earlier made restraining Mr. Maxi Okwu, chairman of the Governor Peter Obi's faction of APGA , but declared that its action had no effect whatsoever on the decision of the Appeal Court which restored Umeh to his position as APGA National Chairman. Speaking shortly after the Court Session yesterday, Chief Wole Olanipekun (SAN) who led Chief Umeh's team of lawyers including Chief Patrick Ikwueto (SAN), said: "The situation now is as announced by the Court. The court said until it hears from the National Judicial Council. That is fair enough and I want to commend the Justices of the Court Appeal. It shows they don't have anything at stake. They don't have interest in anybody or person and that's how it should be and I believe that's how Justice should be dispensed. That means they don't have partake or what is called insurable interest in the subject matter, in who wins or who loses.
That's an open demonstration of impartiality by the panel of Justices." Olanipekun stressed that there is nothing like status quo because, there is a National Chairman in place "and that's Chief Victor Umeh. So even if they like, let them frustrate the Appeal until the second coming of the Lord Jesus Christ. The Law is certain, the Law is clear; the Court of Appeal has decided that until otherwise ruled or decided, Victor Umeh is the National Chairman of the All Progressives Grand Alliance, APGA. So let them continue to frustrate the Appeal.They have gone to the Supreme Court, so let us wait until the Supreme Court sets that decision aside. So there is no fluidity on the status quo. "They've appealed that decision, let us wait. According to them, Supreme Court has given us 16th and 17th of December to hear their Motion and Appeal respectively. May God grant us life, we will be there. But until then, the Ruling of the Court of Appeal binds everybody."
Via: Sun News Online