Embattled National Chairman of the All Progressives Grand Alliance (APGA) Victor Umeh was yesterday re-instated by the Court of Appeal sitting in Enugu.
He was on February 10 restrained from parading himself as the party’s chairman by the Chief Judge of Enugu State, Justice Innocent Umezuluike.
As soon as the ruling was delivered, hundreds of APGA members, who were in court, started singing Umeh’s praises.
Security officials had a hard time preventing the ecstatic crowd from getting to Umeh.
The APGA Chairman drove with his supporters to Nnewi to visit the tomb of the party’s late leader, Dim Chukwuemeka Ojukwu.
The three-man panel of judges- Justice Paul Galinje (presiding), Justices F. A. Kwasami and Tom Yakubu- unanimously ruled that since Umeh appealed against the decision of the lower court presided over by Justice Umezulike, the status quo ought to be maintained, pending the determination of the appeal.
The judges deposed that the lower court judge erred in delivering judgment in such a doubting circumstance.
Justice Galinje said the court agreed with the submissions by Umeh’s counsel, Patrick Ikwueto (SAN) and Wole Olanipekun (SAN), that the injunctive order made against him by the lower court was capable of causing him and APGA irreparable damages, if the status quo was not maintained.
He said the respondent, Jude Okuli, an expelled member of the party in Enugu State, did not file a counter-affidavit.
Justice Galinje said when the bailiff attempted to serve him the applicant’s motion and other processes, he refused to accept the court processes, including the application for a stay of execution.
“I have taken note of the fact that there is no affidavit in opposition to the supporting affidavit filed by the applicant.
“ The law is settled that upon the receipt of the applicant’s motion paper together with affidavit in support and exhibits attached, the respondent is duty bound to file a counter affidavit, if he intends to controvert the deposition of the applicant.
“Where a respondent to an application failed to deny the facts deposed in an affidavit through filing of a counter-affidavit, those facts are being admitted and the court shall rely on the facts so presented by the applicant,” the judge said.
The court agreed that “an appeal per se does not operate as a stay of execution” but the same law did not prescribe in favour of any execution being carried out during the pendency of an appeal.
“The section does not give any licence directly or indirectly for the issuance and execution of any processes which might be offensive.
“Whatever it is, it is the duty of this court to ensure that whichever way the orders are made upon the determination of this appeal, they are not rendered impotent.
“The applicant herein is exercising his right of appeal as provided for under Section 240 of the 1999 Constitution and the rules of this court.
“ It is, therefore, the duty of this court to protect the exercise of that right and to ensure that lawful and regular proceedings are not rendered useless by the actions of the stakeholders of the party,” he held.
Justice Galinje granted the stay of execution on the order of the Enugu State High court, which restrained the applicant from parading himself as the National Chairman of APGA, pending the determination of the substantive appeal in court.
The court rejected the application for an accelerated hearing of the appeal made by the applicant.
It said the process of accelerated hearing had been put in place by the applicant’s counsel.
The counsel for APGA stakeholders, S. T. Abba, who brought two applications for joinder in the matter, withdrew the motions, having been rendered useless by the ruling.
Umeh, who was flanked by the national secretary of the party, Alhaji Shinkafi and other national officers told reporters that he was happy with the ruling.
