28th January, 2014
A Federal High Court sitting in Abuja has reserved ruling to February 26, 2014 on an application for a stay of execution of its judgment delivered on 15th January which removed Chief Victor Umeh and Alhaji Sani Shinkafi as National Chairman and Secretary of All Progressives Grand Alliance.
Umeh and Shinkafi approached the Court through their lawyer, Patrick Ikwueto SAN on 15th January 2014, seeking a stay of execution and an injunction restraining Chief Maxi Okwu and all the officers elected with him at the party’s national convention on 8th April 2013, at Awka, Anambra State from assuming their respective offices pending the determination of their appeal at the Court of Appeal.
Ikwueto urged the Court presided by Justice Abdulkadir Abdul-Kafarati to grant the application stating that a person who lost a litigation is entitled to approach the Court to make a preservative order. He urged the Court to grant an order maintaining status quo pending the determination of the appeal already filed.
Oba Maduabuchi lawyer for Maxi Okwu and all the officers elected with him opposed the application for stay of execution of the judgment and an injunction restraining the Okwu leadership from running the affairs of the party.
Maduabuchi urged the Court to strike out the application arguing that it was brought under a non-existent law. He averred that the Court could not give judgment on one hand and collect it back with another hand, stating that the applicants (Umeh and Shinkafi) have not shown any special circumstance that would warrant the court to grant stay of execution.
Maduabuchi urged the Court to strike out the application emphasizing that the court had found that Umeh and Shinkafi were wrong to have occupied the positions of National Chairman and Secretary and would not allow illegality because they appealed.
Olawale Daudu who represented INEC supported the application. He told the Court that the electoral umpire has not been served the notice of appeal.
Justice Abdul-Kafarati adjourned the matter to 26th February, 2014 for ruling. It could be recalled that the Court upheld the Maxi Okwu leadership of APGA on 15th January 2014.
Victor Chigozie Eneh
Senior Special Assistant Media to Chief Maxi Okwu,
National Chairman, APGA