Chief Sir Victor Umeh V. Ichie Okuli Jude Ejike (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The respondent being the plaintiff at the Enugu State High Court of Justice in Suit No. E/270/2012 had instituted the action by way of originating summons whereby he sought the determination of the questions, namely:

“a. Whether by a true and proper construction of Article 18(2), (3), (4) and (5) of the Constitution of All Progressives Grand Alliance (APGA), the Defendant, upon completion of a term of four (4) years as National Chairman of APGA and desiring a second tenure was not bound to vacate the office of Chairman for at least two (2) months to the date of election fixed by the National Executive Committee of APGA.

b. Whether by a true and proper construction of Article 18(3) of the Constitution of APGA, the National Executive of APGA was not bound to meet and fix a date of election for the office of Chairman of the party upon the effluxion of the four year tenure of the Defendant in 2010.

c. Whether by a true and proper construction of Article 18(4) of the Constitution of APGA, the Defendant can be re-elected as the Chairman of APGA other than by secret ballot in an election scheduled by the National Executive of APGA.

d. Whether the Defendant who took over office as the National Chairman of All Progressives Grand Alliance (APGA) in 2006 for a four year term in line with the constitution of All Progressives Grand Alliance (APGA) can legitimately stay in office as the National Chairman of the APGA beyond 2010.

e. Whether the Defendant can legitimately remain in office as the National Chairman of All Progressives Grand Alliance (APGA) after the expiration of his four year term in 2010 without any valid National Convention to re-elect him, in line with the Constitution of APGA.

f. Whether the Defendant’s occupation of the office of the National Chairman of All Progressives Grand Alliance (APGA) after the expiration of his tenure in 2010 and without compliance with Article 18(2), (3) and (4) and (5) of the constitution of All Progressives Grand Alliance (APGA), is not illegal and ultra vires the Constitution of APGA.

g. Whether the Defendant can validly summon the National Executive Council Meeting of the Party/National Convention as the National Chairman when his tenure expired since 2010.”

In consequence of the determination of the aforementioned questions, the respondent prayed the trial court, to grant him six declaratory reliefs; a restraining injunctive order and also a directory order, to wit:

“i. A DECLARATION that by a true and proper construction of Article 18(2) (3), (4) and (5) of the Constitution of All Progressives Grand Alliance (APGA), the Defendant, upon completion of a term of four (4) years as National Chairman of APGA and desiring a second tenure, was bound to vacate the office of Chairman for at least two (2) months to the date of election fixed by the National Executive Committee of APGA.

ii. A DECLARATION that by a true and proper construction of Article 18(3) of the Constitution of APGA, the National Executive of APGA was bound to meet and fix a date of election for the office of Chairman of the Party upon the effluxion of the four year tenure of the Defendant in 2010.

iii. A DECLARATION that the Defendant who took over as the National Chairman of All Progressives Grand Alliance (APGA) in 2006 for a four year term in line with the Constitution of All Progressives Grand Alliance (APGA) cannot legitimately stay in office as the National Chairman of APGA beyond 2010.

iv. A DECLARATION that the Defendant cannot legitimately remain in office as the National Chairman of All Progressives Grand Alliance (APGA) after the expiration of his four year term in 2010 without any valid National Convention held to re-elect him in line with the Constitution of the APGA.