The Court of Appeal sitting in Enugu on Monday nullified an Enugu High Court judgement removing Chief Victor Umeh as the National Chairman of the All Progressives Grand Alliance.
In a unanimous decision, the appellate court quashed the judgment by Justice Innocent Umezulike, the state’s Chief Judge, which he granted in favour of one Jude Okuli, nullifying the February 10, 2011 of APGA convention.
The convention produced Umeh and other members of the party’s National Working Committee.
Delivering the lead judgment, Justice Tom Yakubu overruled all the grounds of the preliminary objection filed by the respondent.
According to Yakubu, the lower court has no jurisdiction over the matter as the respondent has no locus standi to sue.
He said: “It is not the duty of the court to scout for evidence to aid the case of the plaintiff.
“It is not the duty of the court to arrogate jurisdiction to itself.”
The judge said the appeal filed by Umeh did not constitute an abuse of court process as the respondent claimed.
“The claim of the plaintiff was not against APGA but Umeh as he was not the alter ego of APGA,” Yakubu said.
The judge also said the lower court dissipated its energy in considering his locus standi and added that it was not the duty of the lower court to scout for evidence to aid the case of the plaintiff.
“By the statement of claim, the respondent could be best presumed to be an ordinary member and not a member of the National Working Committee,” he said.
On the issue of nullification of the convention, Yakubu noted that the trial judge overshot his mark when he declared the convention of APGA as unconstitutional, null and void.
The judge described Okuli as ‘a busy body,’ meddlesome person who lacked the locus standi to institute the case in the lower court yet the trial judge assumed the jurisdiction which he did not have.
Concurring with the lead judgement, the Chairman of the panel, Justice Paul Galinge, reiterated that if a court was not competent to hear a matter, it was a waste of time to hear and determine the matter.
He said: “A court should not award that which was not claimed in pleadings by parties.
“A court is not a charitable organisation.
“This order was made without jurisdiction.
“The order is a nullity.”
Galinje announced that the third judge in the panel, Justice Modupe Kwasami, who was unavoidably absent, also agreed with the lead judgement.
In his reaction, Umeh thanked the chairmen of the party in the various states and the NWC for their support, assuring them that it would bounce back and win the governorship election in Anambra State.
He urged the aggrieved members to join hands with him so that the party would find a credible candidate to replace Governor Peter Obi.
Also speaking, the respondent, Okuli expressed disappointment with the judgement and said he would seek advice from the leaders of the party on the next step.