Abia High Court affirms Emenike’s APC membership

From Boniface Okoro, Umuahia

An Abia State High Court has affirmed that High Chief Ikechi Emenike is a member of the Abia State chapter of the All Progressives Congress (APC).

This court judgement which was given last year in favour of Chief Emenike was made known by the Abia State Chairman of APC, Dr. Kingsley Ononogbu, while reacting to another recent contrary court judgement , which held that Chief Emenike was not a member of the party.

The contrary judgement was delivered on Thursday, May 26, 2022, hours after Chief Emenike had emerged as the governorship candidate of the APC in Abia State held earlier same day.

Delivering a ruling on the Suit No. Suit No. HU/6/2022, brought before it by Chinedum Nnoye, Ndem Chukwu and Lucky Uduma (who are (APC) members and claimants) a High Court sitting in Umuahia and presided over by Honorable Justice O. A Chijioke, on Thursday, May 26, 202, disqualified High Chief Ikechi Emenike as the governorship candidate of Abia APC on the grounds that he was not a member of APC.

The Claimants had approached the court to challenge the membership of Ikechi Emenike who is the first defendant, citing an earlier judgment which suspended the aspirant as a member of the party, and consequently strips him of the rights and privileges of membership, according to the provisions and requirements of Article 21 of the 2014 All Progressive Congress constitution (as amended).

Honorable Justice O. A Chijioke who upheld the suspension, ordered that according to Article 9.3 of the 2014 All Progressive Congress Constitution (as amended), the second defendant which is the party itself breached the provision of its constitution by continuing to deal with, recognize and parade the first defendant while he was still on suspension, including recommending him for appointments to organizations, agencies and bodies to which is only entitled to lawful members.

The court, upon that, gave an injunction to Emenike to stop parading himself as a member and aspirant under the platform of the party.

But faulting the court ruling in a statement made available to The Oracle Today in Umuahia, Ononogbu argued that the membership and loyalty of the brand new 2023 governorship candidate of Abia APC, Chief Ikechi Emenike, has never been in doubt.

He maintained that this was affirmed by an Abia State High Court sitting in Umunneochi which had last year ruled in Chief Emenike’s favour in a suit he and two other claimants had filed, challenging a purported suspension by desperate party members during the leadership crisis said to have been instigated by former state chairman of the party, Donatus Nwankpa.

“Following what was nothing but a mischievous suspension announced at a kangaroo meeting of the aggrieved part members held at Ikwuano in August last year, the trio of Chief Emenike, Mr. Ejike Olekanma and Ikenna Emmanuel Anyalewechi had gone to court, asking for the nullifcation of the said ‘suspension,’ Ononogbu said.

According to the current Abia APC Chairman, joined as defendants in the Messrs Emenike and others’ suit were APC, the then National Catetaker Chairman, Mai Mala Buni (for himself and member of the Caretaker Extraordinary Convention Planning Committee), and Wilson Chimelulam Utaegbulam.

“In its judgment delivered on November 4, 2021 in the Suit No: HUM/41/2021, the Court presided over by Justice Benson Anya held that Chief Emenike, who then was the Secretary of APC Contact and Strategy Committee, ‘is an authentic and bona-fide member of APC.’”

“The Court held that the defendants had admitted that the claimants are authentic members of APC, having failed to file a counter-affidavit to challenge the deposition contained in the 22 paragraph affidavit and four exhibits filed by the claimants, Ononogbu said.

Ononogbu quoted Justice Benson Anya as saying in his ruling that: “This is because facts admitted need no further proof,” adding that he (the judge) was “convinced that the defendants were duly served the originating summons” filed on October 20, 2021, yet they could not counter the claimants’ depositions “but rather filed a written address in response to the originating summons.”

“In the light of the foregoing, the claimants reliefs are granted as prayed and judgment is entered in favour of the claimants,” he further quoted the judge as ruling.

The Abia APC Chairman explained that among the reliefs sought by Chief Emenike and the other claimants were that the Court should declare that the said letter dated August 24, 2021 purporting to suspend Chief Emenike “is ineffective, abusive and ultra vires” of the powers of those purported to have written the said letter.

“That Chief Emenike “is and remains an authentic/bona fide member and leader of the first defendant (APC) in Nkwoegwu Ward, Umuahia North Local Government and Abia State with full rights and benefits.”

That the claimants also urged the Court to declare that Emenike’s membership of APC was never in question since he was duly registered and his name is in the party’s membership register in his Nkwoegwu ward, hence it is only the ward members in relevant ward congress/Executive that determine a member’s status following due process.

“The Court was further asked to make a declaration that the purported letter of suspension was a breach of Chief Emenike’s rights as enshrined in the APC Constitution and the 1999 Constitution of Nigeria(As Amended).”

Emenike, who in 2014/2015, was the Director of Operations in the President Muhammadu Buhari Campaign Organisation, has been at loggerheads with some undemocratic and pseudo progressives in the ranks of Abia APC.