The party alleges that the judge improperly issued an exparte order restraining Enugu State Chairman, Chief Ugochukwu Agballah, and 10 other party officers from presenting themselves as party officials without providing the party with prior notice or an opportunity to be heard.
The crisis within the All Progressives Congress (APC) in Enugu State has taken a new turn as the party's South East Zone has petitioned the National Judicial Council (NJC) against Justice C. V. C Ezeugwu of the Enugu State High Court.
The party alleges that the judge improperly issued an exparte order restraining Enugu State Chairman, Chief Ugochukwu Agballah, and 10 other party officers from presenting themselves as party officials without providing the party with prior notice or an opportunity to be heard.
In a statement on Sunday personally signed by Dr. Ijeomah Arodiogbu, National Vice Chairman, APC Southeast Zone, and made available to journalists in Enugu, the party cited "an exparte order made on 7/8/2024 in Suit NO. E / 548M / 2024: between Nwafor Alphonsus Onyeachonam & 4 ORS. VS. Hon. Ugochukwu Agballah & 10 ORS, being circulated in the social media".
Arodiogbu emphasised that the APC, as a registered political party in Nigeria, was not a defendant in the mentioned lawsuit and was not formally included in the proceedings.
He further clarified that the party had not received any exparte interim order, as required by law. Additionally, the party noted that the Independent National Electoral Commission (INEC) was also not made a party to the suit, which contravenes the provisions of the Electoral Act 2022.
"All Progressives Congress hereby informs unauthorised persons to desist from tampering, interfering or accessing or meddling with the properties, offices and assets of the APC," the party warned.
Arodiogbu declared that the APC Constitution expressly prohibits officials or members of the party from instituting court cases against the party without exhausting internal dispute resolution mechanisms.
He said, "Some of the parties and official positions stated in the media-advertised interim order are completely unknown to the party and the Constitution of the party as amended.
"And that is why the party insists that an opposition political party in Enugu state is involved in the media orchestrated crisis in our party.
"A few months ago, it was Kano state where the opposition party tried unsuccessfully to embarrass our party with an exparte order against Dr Umar Ganduje our national chairman and now it is Enugu state, where forces are obviously afraid of our celebrated hard-working state chairman the Hon Ugochukwu Agballah, who has courageously weeded out very powerful moles and restored discipline and dignity to our Enugu state chapter.”
The Zonal APC leadership stressed that Agballah has not only been the voice of the voiceless and helpless masses whose businesses and economic livelihoods have been completely destroyed and obliterated by "the heartless ruling party" in the state but also the voice of political prisoners that speaks truth fearlessly to power.
It said, "The party has also petitioned the National Judicial Council (NJC) against Justice CVC Ezeugwu for giving an exparte order to persons and offices unknown to the APC in a matter where the APC is not a legal party without putting the party on notice as required by the rules of court and as directed by the NJC.
"The party hereby informs the general public to disregard all media reports that the said order of exparte interim order of injunction is directed to All Progressives Congress, its offices and bankers.
"Our party is guided by the decision of the Supreme Court and other superior courts that a political party has exclusive jurisdiction over its internal affairs and disputes and no court has jurisdiction whatsoever to entertain party disputes.
"Under the Electoral Act 2022 INEC as a statutory respondent / defendant in every political case was not joined as a party in the said suit."
The party said it has unimpeachable evidence and confessional statements that the ruling PDP in Enugu state sponsored the parties and legal process against APC and that they intend to use the exparte order to invade APC premises and replant moles who have long been excised from the party.
"We have put the security agencies on the alert and have instructed our lawyers from the national headquarters to quickly vacate this most obnoxious order," it said.
Some members of the party recently announced the suspension of the State Chairman, Agballah and three others.
The party members subsequently got an exparte order restraining Agballah and ten others from functioning as officers of the party pending the determination of the substantive suit slated for hearing on August 13.