AS IT HAPPENED AT HIGH COURT OWERRI, IMO STATE TODAY, THURSDAY, 19th AUGUST, 2021.-BY HON JOHN IWUALA.

AS IT HAPPENED AT HIGH COURT OWERRI, IMO STATE TODAY, THURSDAY, 19th AUGUST, 2021.-BY HON JOHN IWUALA.

Contrary to fake news/reports flying around the media even before the ruling of the court today. Below is exactly what happened:

The court started sitting around 10.30am. As the tradition demands, rulings and judgements must take place first before any other case.

Appearances

Plaintiff respondent, Chike Dike(surrogate of Jude Okeke and Hon Chukwuma Umeoji) was absent as usual. His lawyer, Asika Ilobi Esq announced appearance.

Second defendant, INEC was absent and have never been represented since commencement of case.

Apealant/Applicant, APGA and Ozomkpu Dr Victor Ike Oye were represented by the state Chairman of APGA, Imo State, Hon John Iwuala.

Legally represented by V. I Nzeobi(Esq) appearing and holding the brief of P. I. N Ikwueto (SAN).

Ruling

The Hon Justice read out series of authorities while delivering her ruling, stressing that the issue of joinder and leave of appeal is statutory and a constitutional right of citizens if any ongoing matter or decided matter affects or may affect their interests. 

She maintained that it’s the duty of a litigant (plaintiff) to include such persons while filing a suit and make them parties to the suit. 

But in the instant case, a judgement has been entered already, wether the said judgement was right or wrong, it’s no more the duty of same high court to determine an appeal against it’s ruling. 

The court held that Dr Victor Oye and APGA has shown substantial evidence to prove that they are either directly or indirectly affected by the said judgement as required by law.

In the instant case, the judge ruled that the application for joinder filled by Dr Oye and APGA succeeds. Application for joinder hereby granted.

Application for leave to appeal against the judgement of Justice Iheaka of Owerri High Court granted.

APGA and Dr Victor Oye hereby granted leave to appeal against the judgement of Justice Iheaka. She declared.

Application for declaring the leave of appeal as a stay of execution refused.

The court held that since the application for leave of Appeal is to appeal and set aside the said judgement, it is prejudicial for same court to set aside or stay it’s judgement as it gives no meaning to the appeal which same court has granted leave for.

The court maintained that leave of Appeal and joinder must be granted judicially and judiciously as it’s a deprivation of one’s constitutional right to refuse such requests as the court is convinced beyond reasonable doubts that their rights and interests were affected by the earlier judgement of Hon Justice Iheaka. She also maintained that when an important party is not included in a suit, such acts may affect the merits of any judgement delivered in such suit. Therefore, it’s in the interest of Justice to allow the applications succeed.

Lesson/implications of today’s ruling

As it stands today, the matter is already done and dusted by the ruling in favor of APGA and Dr Victor Oye’s application for joinder and leave of appeal, because the court of Appeal Kano division has already decided on the leadership tussle in APGA and ruled that Oye and Soludo are National Chairman and APGA candidate for Anambra State Guber election respectively. 

All appeal courts are of coordinate jurisdiction and cannot contradict itself on matters like this.

The ruling today in Imo State High Court is a big Victory for APGA and Dr Victor Ike Oye.

We just left the court now, after my interview with NTA, AiT, Channels and other media houses.

Hon John Iwuala

State Chairman

Imo APGA Caretaker Committee

19-08-2021