APGA Leadership: Appeal Court dismisses Edozie Njoku’s suit, awards N10m cost
The Court of Appeal, Abuja Division, has dismissed an appeal filed by Mr Edozie Njoku and Chinedu Okoro challenging the judgment of its Kano Division on August 10.
The Kano Division’s judgment had affirmed Mr Victor Oye as the National Chairman of the All Progressives Grand Alliance (APGA), which the Abuja Division said subsisted.
Ruling on the appeal marked CA/AW/256/ 2021, filed against Mr Sylvester Ezeokenwa and five others, the appellate court held that the appeal constituted an abuse of judicial process.
In a unanimous decision read by Justice Jummai Sankey, the court held that considering the principle of “starre decisis”, it was bound by the judgment of its Kano Division.
The three man-panel led by the President of the Court, Justice Monica Dongban-Mensem, said it lacked the jurisdiction to entertain the suit, because doing so would amount to the court sitting on appeal over its own judgment.
“This appeal is incompetent and is dismissed for want of jurisdiction.
“The judgment delivered in Kano was a final judgment, not a ruling and parties are bound by the outcome.
“The only other action to take is to appeal at the Supreme Court.”
The court also awarded the sum of N10 million against the appellant, in favour of the 1st and 2nd respondents.