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The All Progressives Congress South-East Zone has tendered a formal complaint against Justice C.V.C. Ezeugwu of the Enugu State High Court to the National Judicial Council.
The APC indicted Justice Ezeugwu of issuing an ex parte order without proper notification, restraining Enugu State Chairman, Ugochukwu Agballah, and 10 other party officials from functioning in their official capacities.
In a statement released on Sunday, the National Vice Chairman of the APC South-East Zone, Dr Ijeomah Arodiogbu, revealed that the party was not a party to the suit (E/548M/2024: Nwafor Alphonsus Onyeachonam & 4 ORS. VS. Hon. Ugochukwu Agballah & 10 ORS) and had not been served with the ex parte interim order.
The party also noted that the Independent National Electoral Commission was part of the list of respondents in the suit.
“The party has also petitioned the NJC against Justice CVC Ezeugwu for giving an ex parte order to persons and offices unknown to the APC in a matter where the APC is not a legal party, without putting the party on notice as required by the rules of court and as directed by the NJC.
“The party hereby informs the general public to disregard all media reports that the said ex parte interim order of injunction is directed to the All Progressives Congress, its offices and bankers.
“Our party is guided by the decision of the Supreme Court and other superior courts that a political party has exclusive jurisdiction over its internal affairs and disputes and no court has jurisdiction whatsoever to entertain party disputes.
“Under the Electoral Act 2022 INEC as a statutory respondent/defendant in every political case was not joined as a party in the said suit,” the statement read.
The party warned against tampering or accessing its offices and properties by any unauthorised group.
“The All Progressives Congress hereby informs unauthorised persons to desist from tampering, interfering or accessing or meddling with the properties, offices and assets of the APC,” the party’s statement stated.
Arodiogbu stressed that the APC Constitution expressly forbade members from initiating legal action against the party without first exhausting internal dispute resolution mechanisms.
He also suggested that an opposition party in Enugu State may be behind the legal challenge, aiming to create turmoil within the APC.
“Some of the parties and official positions stated in the media-advertised interim order are completely unknown to the party and are not recognised by the party’s amended Constitution.
“This is why the party believes an opposition political party in Enugu State is orchestrating this crisis,” Arodiogbu stated.
Arodiogbu praised the Enugu State Chairman of the party, Ugochukwu Agballah, for his efforts to restore discipline within the party.
He urged the public to disregard media reports claiming that the ex parte order applied to the APC, its offices, and its financial institutions.
He said the crisis stemmed from a recent press conference held by some APC members led by Nwafor Onyeachonam, where they announced the suspension of Agballah and three other officials.
He noted: "Following this, an ex parte order was obtained, restraining Agballah and 10 others from functioning as party officials until the substantive suit’s hearing on August 13.
"Court documents revealed that Justice Ezeugwu issued the restraining order based on an ex parte motion filed by Chief Michael Ezeanyawu on August 2, 2024."
The PDP’s state chairman, Mr Augustine Nnamani, could not be reached for comment.
