CHIEF VICTOR UMEH AND THE INSTITUTION OF PARTY SUPREMACY IN NIGERIAN POLITICS.

Sometime in 2003, 18 out of 22 men from the National Working Committee (NWC) of the ALL PROGRESSIVES GRAND ALLIANCE (APGA), NIGERIA voted to suspend their then National Chairman - Chief Chekwas Okorie, for anti-party activities bordering on undermining and subverting existing legal processes instituted by the ALL PROGRESSIVES GRAND ALLIANCE (APGA), NIGERIA, towards reclaiming the 2003 Anambra State Governorship mandate won by the APGA candidate at the 2003 Anambra Governorship elections - Mr. Peter Onwuabuasi Obi.

At the head of the APGA NWC charge, was the then APGA National Treasurer - Chief Sir Victor Chinonyelum Umeh.

Chief Chekwas Okorie had sought to draft the falsely declared Governor of Anambra State - Dr. Chris Ngige, of the opposition Peoples Democratic party (PDP) into the APGA Party, thereby truncating the legal attempts by his own APGA party, to recover their Governorship mandate through the Nigerian Electoral tribunal, where the APGA had lodged an electoral petition against the false Governorship declaration.

It was Chief Okorie's opinion that given the political mathematics of the day, the APGA had no chance of recovering the denied mandate. Chief Okorie publicly made known that all the cases instituted by the APGA Party against the Chris Ngige Government would be withdrawn, following any acceptance of Chief Okorie's offer to the substantive Governor to cross over into the APGA Party.
Had Chief Okorie's move succeeded, it would have thrown a huge spanner into the works of the nascent APGA Party, and its attempt to secure any bridgehead into Nigerian Politics.

Unfortunately for Chief Chekwas Okorie, the 18 man APGA NWC and Chief Sir Victor Umeh, said No!

A conscientious stand that would lay the foundation for the modern day ALL PROGRESSIVES GRAND ALLIANCE (APGA), NIGERIA, and Nigerian political administration in general. Strongly behind Chief Umeh's stance, was the then National Secretary of the ALL PROGRESSIVES GRAND ALLIANCE (APGA), NIGERIA - Alhaji (Dr.) Sani Shinkafi, who would at all times, and despite incentives from interlopers, take a principled stand with the Umeh APGA leadership.

Chief Okorie's presentations was the sort of corruption that the silent APGA electorate were tired of - That our leaders were willing to make themselves over for a paltry, and not able to stand firm on any principles. No more. We were APGA, with or without. Our leaders should endeavour to represent us that way.
Chief Okorie would challenge the APGA NWC stance and take it to court. The Court would later rule in favour of the APGA NWC stand suspending Chief Chekwas Okorie from the party. So began a 10-year legal journey by Chief Umeh and the APGA NWC to affirm principles governing relationships between a Political party in Nigeria, its officials, and the role of elected Party representatives in the different arms of Government under the party platform, in Political Party administration.

Chief Victor Umeh would assume the role of the leader of the NWC group as the acting APGA National Chairman, and would come to play a central role in defining the independence of Nigerian party officials in the management of a Political party's internal affairs. Before Chief Victor Umeh's conscientious approach, Nigerian National parties were seen as fronts to be manipulated by the economically and powerfully privileged, despite laid down rules in the Party constitution, on Political Party management and administration in Nigeria.

In consolidating his stance, Chief Umeh would become an avid scholar of judicial rulings, language and interpretation. Chief Umeh would seek that the functions of the arms of the democratic government be upheld and exercised as written, and according to the rule of law.
Chief Umeh's fervent belief that judicial rulings carried the force of law and should determine the operations of the political party, the role of its officials, and elected representatives under the Party platform have become a reference point for sustaining the evolving Nigerian Political party operations, affiliated and democratic Nigeria.

In consonance with the internal developments at the ALL PROGRESSIVES GRAND ALLIANCE (APGA) NIGERIA, Chief Victor Umeh and the APGA NWC early 2004, communicated their action of suspending the then National Chairman - Chief Chekwas Okorie, to the Independent National Electoral Commission (INEC), led by Dr. Maurice Iwu. They were to receive an INEC certificate acknowledging the sanctity and legality of their action. Chief Chekwas Okorie would however drag the NWC to court to obtain a ruling reverting the party to the now oft used phrase "Status quo ante", meaning that the previous order was to be maintained, until a study and ruling on the case before the courts was done.

The 'status quo ante' ruling hounded the Umeh APGA administration, as it could not officially and legally endorse political documents even though it had broad-based party and public support. Chief Chekwas Okorie continued as the 'legal' APGA Party chairman, and the only one recognised to endorse documents on behalf of the APGA party. Unfortunately, none in the party wanted Chief Okorie as the APGA reference point. Chief Okorie would complain to all, to no avail. Chief Okorie was truly the 'shepherd' without flock. A development which thoroughly irked the former chairman, and scared a lot of intending political entrants into the APGA Party. Who was running the party? What factional executive related to the known Nigerian establishment?

This state of affairs led to a logjam for the APGA in the 2009 Anambra gubernatorial elections, as the party demonstrated difficulty with choosing and ratifying preferred Gubernatorial candidates before the INEC.

Chief Chekwas Okorie would go judicial hunting instituting several cases in different courts of the land, to judicially trap and hamper the APGA NWC. And sometimes, the traps worked. As different courts in the land gave different rulings often on the same motion. Chief Okorie was the Joker. The APGA NWC led by Chief Victor Umeh was however, not amused. Chief Okorie also contended that sections of the APGA constitution had not been complied with in the APGA NWC decision making. Chief Okorie cited sections of the APGA constitution where his name had become a permanent inclusion as the Chairman of the National APGA party for a four (4) year term, and for another four (4) year term if he so desires.

Okorie's counsel - Chris Uche, SAN, further asked the court for an injunction restraining the Victor Umeh-led leadership of the party from holding a convention and from participating in the electoral timetable released by INEC.
The courts would finally rule in 2010 against Chief Okorie's motions, and institute the supremacy of the APGA Party NWC regarding decision making in Nigerian Political party affairs.

Justice Dahiru Musdapha (2010), said in reaction to the motion for injunction by Chekwas okorie on the leadership question, replied thus:

“The 2nd appellant [Okorie] being the founding chairman of the party does not have the fundamental right to remain the party’s National Chairman forever; he could be expelled. There must be a special circumstance for us to grant the injunction that you are asking for; he must show what he stands to lose and in my view he stands to lose nothing."

The Nigerian Supreme Court also advised the Chief Chekwas Okorie, to seek a political solution to his disagreement with the party. It also rejected his plea to stop the party from holding a convention and taking part in all activities lined up for political parties by the Independent National Electoral Commission (INEC).
The apex court noted that with two subsisting judgments upholding his expulsion from the party, the only option available to him was to seek a political solution or wait for the outcome of his appeal pending before it.
Throwing more light on the circumstances leading to the decision, Justice Dahiru Musdapha said:
“There are two subsisting judgments from the court, one from the lower court and another from the Court of Appeal, which have not been set aside. The said judgments confer a right on the respondents (Umeh and APGA). As it stands now, there are no legal rights in your favour."
Justice Walter Onnoghen, did not spare Chief Chekwas Okorie, when he stated:
"The trial court took a decision that was affirmed by the Court of Appeal and you are asking us to tamper with the judgments of the court?"

“Instead of spending your resources in strengthening the party, you are wasting funds.
It is like the biblical case of the love-peddler who asked King Solomon to divide the child if she cannot have it. You have been talking about the party being illegally taken over but there are two judgments against you that have not been discharged.
“The best option is for you to pursue your appeal, or seek a political solution as political problems should be tackled politically when you fail we then have to reach a decision one way or the other, you have to cajole them to reach an accord as there has to be something substantial to warrant the order you are seeking for. I will advise you as lawyers to advise your clients to go and settle amicably.”

Chief Chris Uche (SAN) representing Chief Okorie, took the hints from the court and consequently withdrew the application, following which the court struck it out.

As soon as the Chief Okorie case was legally settled, the Umeh APGA administration found itself under attack from their Governor - Mr. Peter Obi, The man the Umeh administration had worked hard to restore his mandate. The Governor as the highest elected official under the party platform seemed to demonstrate difficulty with distinguishing between the party apparatus and his State Executive council.

Governor Peter Obi would establish false arms to parade themselves on behalf of the party. And they did. He also funded them. Suddenly, splinter groups led by Chief Nwobu-Alor, Alhaji Massalla, Maxi Okwu emerged in the ALL PROGRESSIVES GRAND ALLIANCE (APGA) NIGERIA. The situation was so ugly that it became difficult to know who was really in charge of the party, as different factions backed by their political gladiators laid claims to the soul of the party.

For Chief Umeh, Alhaji Sani Shinkafi and their NWC, there was no going back. The laid down rules on Party administration and management as prescribed by the party constitution, and the guidelines on Party organization as laid down by the Independent National Electoral Commission (INEC) favored them. They would meet all willing gladiators at the court.
Most importantly, the prayers of the stoic APGA electorate in Nigeria, and Worldwide favored their Leadership. There was no going back.
A National daily reported thus:

For Chief Victor Umeh, there would be no rest, as Chief Peter Obi - a Governor elected under the platform of the ALL PROGRESSIVES GRAND ALLIANCE (APGA), NIGERIA would subsequently want to dismiss his services, and install a regime that would be at his (Peter Obi's) beck and call. A Jude Okoli - former APGA member from Enugu State, would institute a court action at the Enugu High Court headed by the Chief Judge of Enugu State - Justice Innocent Umezulike, to deliver judgment on an exparte motion relieving the APGA National Chairman - Chief Victor Umeh of his functions.
On February 8 2013, the Enugu State High Court presided over by Chief Justice of Enugu State - Justice Innocent Umezulike, declared the February 10, 2011 Convention of the party that produced Chief Victor Umeh and other members of the APGA party's National Working Committee (NWC) unconstitutional, and ordered them to stop parading themselves as the NWC of the APGA party.

Chief Victor Umeh challenged this decision at the Federal Court of Appeals in Enugu, where he raised the issue of jurisdiction on the matter. He also maintained that APGA was not a party in the suit and challenged all the decisions in the judgment.

What was interesting to most political watchers was how The APGA Party apparatus would survive without funding from its principal benefactor and Governor of Anambra State - Mr. Peter Obi. Nobody gave the National Chairman -Chief Victor Umeh any chance against the phenomenal resources of a State Governor, and his long reach within the known Nigerian establishment. Chief Victor Umeh will however, take all on. Chief Umeh's thrust was that the Legal instruments establishing the Party, its officials and apparatus were supreme, and must be adhered to the letter, even with the apparatus of a State Government against it.

Governor Peter Obi would install Maxi Okwu, an expelled member of the party, and the Chairman of the Citizens Popular Party, a shadow group masquerading as a political outfit, as the acting Chairman of his new ALL PROGRESSIVES ALLIANCE (APGA), NIGERIA. Governor Peter Obi and would go on to fund a midnight convention ratifying him. Funnily, The midnight convention preceded an early morning sitting of the Federal Courts of Appeal at Enugu, where Chief Victor Umeh would by a unanimous judicial decision be restored as the National Chairman of the ALL PROGRESSIVES GRAND ALLIANCE, NIGERIA.

Prior to Chief Umeh's restoration, The Federal Court of Appeal in a ruling on Chief Umeh's suit directed that the status quo of the Umeh leadership be maintained. The Maxi Okwu faction of the party would use other legalese to sustain their entry into the party, including pleading that Chief Victor Umeh had overstayed his term of office.

Maxi Okwu would approach the Federal High Court in Abuja headed by a Justice Kafarati, on the grounds that they had stayed beyond the time allowed by the party's constitution. Justice Kafarati cited Article 18(2) of the constitution of the APGA party, which provided that any official of the party can only stay in office for a maximum of two terms of four years. Justice Abdul Kafarati would sack the Umeh-led APGA.

Justice Kafarati held that because Umeh and Shinkafi were voted into office by voice votes, rather than secret ballots as stipulated by Article 18(3) of the Constitution of APGA, they were not validly elected, and should vacate office.
The Kafarati verdict, coming after the judgment of the Enugu Division of the Federal Court of Appeal, which reinstated Umeh and Shinkafi, was a surprise to many.

The Kafarati judgment was vehemently faulted by legal and political analysts. First, they argued that Chief Victor Umeh had not spent up to 10 years at the helm of affairs of the party as claimed in the judgment. They added that Umeh was first elected the National Chairman of APGA on December 2, 2006, and wondered how the judge arrived at 10 years from 2006 to the time he delivered judgment in the suit.

The analysts claimed that since the issues in the case were based on what a higher court - The Federal Court of Appeal in Enugu, had decided, it was supposed to be a no-go area for the Judge.

For many, there was no doubt that Justice Kafarati did not consider the ruling of the Court of Appeal delivered on April 8, 2013 and the subsisting judgment of the Enugu Division of the Court of Appeal, delivered on July 15, 2013 on the APGA leadership tussle before he arrived at his decision.
Dissatisfied with the judgments of the Federal High Court, Abuja, Chief Victor Umeh and and the APGA National Secretary - Alhaji Sani Shinkafi through their lawyer, Chief Wole Olanipekun (SAN) went to the Court of Appeal at Enugu. The Federal Court of Appeals on June 18, 2013, set aside the decision of a Federal High Court Abuja, and Enugu State High Court.

The issues Umeh's counsel, Chief Wole Olanikpekun (SAN), took to the Court of Appeal were:

1) Can a Federal High Court disregard a binding and subsisting order of the Court of Appeal on APGA leadership? If there was no vacancy in the leadership of APGA as at April 8, 2013, what vacancy was Okwu filling in that convention?

2) Can a High Court of Anambra State validate a convention which was purported to have been conducted in breach of a subsisting order of the Court of Appeal? Didn't Justice Kafarati know that APGA was not made a party in the same action which also robbed him of jurisdiction? Can Okwu who bears an APGA membership card signed by Umeh as National Chairman and Shinkafi as National Secretary and claimed that he rejoined the party in February 2013, challenge an APGA convention conducted in 2011 when he was not a member of the party?

3) Assuming that the membership card entitles him to be a member of the party, can he turn around in 2013 to challenge a convention conducted in 2011 when he was not a member of the party?
In allowing the appeal, the appellate court held that the 1st respondent, Chief Maxi Okwu had no locus standi to institute the suit since he had been expelled from the party. The court also berated Justice Abdul Kafarati of the Federal High Court for assuming jurisdiction in the matter when he lacked the jurisdiction to hear the case.

Justice T.Y Hassan read the lead in the above judgment, which said:
"On whether the appellants complied with the provisions of the APGA constitution, I hold that they substantially complied with the said constitution. I also uphold all the 12 grounds of appeal brought by the appellants."
"The trial judge Justice Abdul Kafarati should not have assumed jurisdiction to entertain the suit when there is a subsisting judgment of the Court of Appeal Enugu Division."

The court also upheld the APGA convention conducted in February 10th 2011, as having complied with the provisions of the APGA constitution. The judgement consolidated Umeh's position as National Chairman of the ALL PROGRESSIVES GRAND ALLIANCE (APGA) NIGERIA.

Expressing his satisfaction with the judgment, Chief (Sir) Victor Umeh said:
"We are grateful to God for his infinite mercy; the judgment was very emphatic that the February 10, 2011 convention of the party was conducted in consonance with the APGA Constitution, so this has reinforced our belief in the judiciary.
"It is regrettable that APGA has been subjected to a lot of senseless leadership crisis over the years. But one thing that has remained constant over the years is the triumph of my leadership of the party despite the different shades that these attacks take.
"It is because we have been very patriotic, we have been very dedicated and we have always followed the constitution and due process in everything we. So when few disgruntled elements within the party and some external enemies of the party launch attacks against my leadership, the court will always vindicate us especially at the appellate courts level.
"All the judicial ambushes against my leadership had always failed at the Court of Appeal. It goes without saying that all the claims by those who instigate these crises are treated truthfully by the lower courts.

"The Court of Appeal this morning covered all the grounds for avoidance of doubts, the Court of Appeal affirmed for a second time the convention conducted by APGA on 10th February 2011, which produced my leadership for another four years and said that we followed our party's constitution in doing that, the 12 grounds of appeal which we took to the court against Justice Kafarati's judgment all of them succeeded. None failed and in the light of this judgment, one begins to wonder what some High Court Judges are doing in this country."
"It was the same with the judgment of Enugu State High that started the crisis in APGA, through its judgment of 8th February, 2013. When I challenged that judgment, at the Court of Appeal all the eleven grounds of appeal which we submitted succeeded. When they returned to Abuja Justice Kafarati threw caution to the wind and repeated what Justice Umezuruike did, but the Court of Appeal this morning set aside his entire judgment and faulted him in all his conclusions. It goes without saying that something must be done to cleanse the judiciary."

On the Judgment, Davidson Iriekpen wrote:
Respite came the way of the embattled National Chairman of the All Progressives Grand Alliance (APGA), Chief Victor Umeh, last week when the Abuja Division of the Court of Appeal finally rested the lingering tussle over the leadership of the party. The court, in its judgment delivered by Justice T.Y Hassan, not only set aside the decision of Justice Abdul Kafarati of the Federal High Court which sacked Umeh and the party's National Secretary, Alhaji Sani Abdulahi Shinkafi, but returned them to their positions.

The court also berated Justice Kafarati for assuming jurisdiction in the matter when he lacked the jurisdiction to hear the case. It held that the first respondent, Maxi Okwu, had no locus standi to have instituted the suit having been expelled from the party in the first place. The court held that the actions of the Umeh-led leadership of APGA complied with the provisions of the party's constitution. It consequently upheld the APGA convention conducted in February 10, 2011 as having complied with the provisions of the APGA constitution.

On the way forward, Chief Sir Victor Umeh said;
"We want everybody to be part of us, we are not pursuing anybody, feel free to invite those that are interested in joining our party to come, we are not bearing grudge against anybody. Let's learn to follow peace and oneness."
Since the conclusion of the APGA Leadership crisis under the former National Chairman - Chief Sir Victor Umeh, Political party officials are wary of using their terms unduly against the principles for which the Party NWC stands for. Privileged players in Nigerian politics are also reluctant to use money and their proximity to the establishment to harass Nigerian Party officials duly elected under their Party's constitution and the laid guidelines by the Independent National Electoral Commission (INEC) for Political Party administration in Nigeria.

Cohesion between the Leadership and Party NWC administration, are sine qua non on the way forward for the political party. Political Party officials now enjoy a regime stability parallel to any other in our democratic dispensation.

Kudos! to Chief (Dr.) Sir Victor Umeh - Ohamadike Agulu, Nmaagha Igbo, Ibobo Aguleri, Ekwueme Enugu-Ukwu, Ikenga Oba, Dike Anagbalizu - Abagana ...., and the encomiums continue.
May many more victories follow your political sojourn.