In a unanimous judgment delivered by erudite Justice Rhodes Vivor, the apex court made it clear that political parties are supreme and that the only way to produce a national chairman of any political party is through a well organised National Convention.
It agreed that the National Convention of PDP at which Makarfi emerged national chairman of the party was genuine and that the choice by the party at the conventional should not have been challenged in the manner it was done.
The judgment was well received by many Nigerians who breathed air relief over the meddlesomeness of some powerful individuals in political parties.
The Justices also emphasised that it is only the political parties that could pick their leaders in legitimate and well organised conventions and not in any other manner.
It frowned at the overbearing and fraudulent behaviours of some politicians which are antithetical to natural justice and equability.
The judgement came at the right time, particularly now that some impostors and intruders led by a total stranger and a PDP member Martin Agbaso, are working to destroy the All Progressives Grand Alliance (APGA).
From the judgement it is not in doubt that Martin Agbaso did not have any justification- moral, legal or constitutional- to lay any claim to the leadership of APGA.
If one may ask: from which convention did Martin Agbaso emerge? The answer is capital 'NONE'.
Article 20 (3b) of the constitution of APGA (2014 as amended) states inter alia:
The National Chairman may be removed from office on a vote of no confidence passed by at least two-thirds majority of votes of a National Convention convened solely for the consideration of such motion.'
From the foregoing, it is indubitably clear that only a strict adherence to this provision could remove a duly elected national chairman.
It is therefore an embarrassment to the judiciary that an Enugu High Court headed by Justice AR Ozoemena could issue an order of Mandamus on INEC, Inspector General of Police and Commissioner of Police, Enugu State to enforce the order when they were not served any court process ab initio.
It was for this reason that they have sought the leave of court to quash the order.
More so, since neither Chief Dr. Victor Oye ( the June 6, 2015 national convention produced national chairman) nor the impostor, Martin Agbaso, was joined as a party to the suit filed by one Mike Alioke at the Enugu High Court.
What transpired at the Court of Appeal, Enugu, on July 10, 2017 further exposed the folly of Martin Agbaso who looked skittish throughout the proceedings and had to leave several hours before the court rose at 7.45pm.
All the efforts made by their counsels to thwart proceedings at the Appeal Court fell flat.
For instance, Agbaso and his cohorts tried in vain to join some expelled members of APGA as co-respondents in the ongoing appeal. The court dismissed their motion for joinder with a rebuke.
The Court of Appeal stated unambiguously that in accordance with the rules of court they could only be joined as co-appellants, not co-respondents which is practically impossible in the extant case.
Another revelation at the trial at the Court of Appeal, Enugu, was that those (Jerry Obasi, Okechukwu Nkolagu and Chuks Nwoga) that engineered the filing of the suit at Enugu High Court and who sought through their counsel to be joined in the appeal were expelled from APGA on December 21, 2016.
Having been expelled by the National Executive Committee (NEC) at a special meeting in Awka, which was duly witnessed by INEC, they lacked the locus standi to institute any legal action against the party or its officers.
They had to hide under one Mike Alioke (as the plaintiff) to fraudulently institute the case at the Enugu High Court and donate the order of Mandamus emanating from it to Martin Agbaso - who up till date is still a member of PDP.
It cannot easily be forgotten how Agbaso resigned his membership of APGA in 2014 to throw his hat into the ring to contest for the PDP governorship primary in Imo State.
Which unfortunately he got only one vote to the 999 scored by former Deputy Speaker of the Federal House of Reps, RT. HON Emeka Ihedioha, who squared up against him.
Facts gleaned from the register of his Emekuku Ward 2 in Imo State showed there is no evidence of his registration with APGA.
The Emekuku Ward 2 and the Imo State Chapter of APGA have publicly disowned Agbaso and warned members of the public to beware of him because of his inglorious past.
Even Nigeria's jurisprudence sees Agbaso as persona non grata.
According to the jurisprudence and the judgement of the Supreme Court today, Chief Dr. Victor Oye, remains the national chairman of APGA.
Again, since the matter is at the Court of Appeal Chief Dr. Oye remains national chairman until the case is determined by the Supreme Court, which outcome is already certain.
For the benefit of hindsight, the Court of Appeal, Enugu ruled that the Appeal by Chief Dr. Oye - national chairman of APGA- instituted against the Order of Mandamus by the Enugu High Court should be heard expeditiously.
It also ordered the counsels to the appellant (Dr. Oye), the police and IG to file their written addresses within 7 days and the respondents' counsels to file their replies within 7 days after the receipt of the written addresses.
What this implies is that the appeal will be heard within the next 14 days.
The Appeal Court also ruled that the case should go on during the vacation by the judiciary which begins on July 17 and end on September 15.
The truth is that judgement in the case can be given by the Court of Appeal before the first week of August.
It is important to state unequivocally that the current court processes cannot stop the staging of the Anambra Governorship primary by APGA under the chairmanship of its indefatigable national chairman, Dr Victor Ike Oye.
Agbaso has shown uncanny desperation in his pursuit of vain glory. It might be that Agbaso is using the ongoing court cases to shore up his dwindling and collasping political image.
As things stand Agbaso is chasing shadows.
Information coming from Agbaso's camp showed that he and his fellow desperadoes were rattled by the judgement of the Supreme Court on the supremacy of the party.
When the Court of Appeal decides on the case it will be left with no option other than to throw it into the refuse dump the Mandamus Order of the Enugu High Court and berate Agbaso and his gang for attempting to destroy a political party that has shown sufficient presence on the nation's political turf.
source:Emma Okonma
Reporting from Abuja
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