Enugu Judge Faces NJC Complaint from APC over Ex Parte Order

The All Progressives Congress in the Enugu State is embroiled in a deepening crisis, with the party’s South-East Zone lodging a formal complaint against Justice C.V.C. Ezeugwu of the Enugu State High Court with the National Judicial Council.

Accusing Justice Ezeugwu of issuing an ex parte order without proper notification, the APC alleges that the order restrains Enugu State Chairman, Ugochukwu Agballah, and 10 other party officials from carrying out their official duties.

In a statement issued on Sunday, Dr Ijeomah Arodiogbu, the National Vice Chairman of the APC South-East Zone, disclosed that the party was not involved in the suit (E/548M/2024: Nwafor Alphonsus Onyeachonam & 4 ORS. VS. Hon. Ugochukwu Agballah & 10 ORS) and had not been served with the ex parte interim order.

Furthermore, the party pointed out the absence of the Independent National Electoral Commission from the list of respondents in the lawsuit.

The APC has petitioned the NJC against Justice CVC Ezeugwu for issuing an ex parte order to unidentified individuals and entities in a case where the APC is not a legal party, without notifying the party as per court rules and NJC directives.

The party clarifies that media reports indicating the ex parte interim injunction is directed at the All Progressives Congress, its offices, and banks should be disregarded.

Aligning with the stance of the Supreme Court and higher courts, the party asserts that no court has jurisdiction to meddle in party disputes, emphasizing the exclusive jurisdiction of political parties over their internal affairs.

Warning against unauthorized access to its premises and assets, the APC stresses that unauthorized individuals must refrain from tampering with the party’s properties and offices.

Arodiogbu highlights the APC Constitution’s prohibition on members initiating legal actions against the party without exhausting internal dispute resolution mechanisms.

Suggesting the involvement of an opposition party in Enugu State behind the legal challenge, Arodiogbu insinuates a ploy to disrupt the APC’s operations.

Commending the efforts of the Enugu State Chairman, Ugochukwu Agballah, in upholding party discipline, Arodiogbu accuses the opposition of targeting Agballah due to his effectiveness.

The Zonal APC leadership praises Agballah for advocating for the marginalized and fearlessly confronting authority.

Dismissing reports linking the ex parte order to the APC, its offices, and financial institutions, the party reiterates that courts lack the authority to intervene in party matters.

Alleging the involvement of the ruling Peoples Democratic Party in instigating the legal action, the APC vows to challenge the order and prevent the reinstatement of expelled party members.

The crisis stems from a press conference held by some APC members, led by Nwafor Onyeachonam, announcing the suspension of Agballah and three other officials.

Subsequently, an ex parte order was obtained to halt Agballah and 10 others from functioning as party officials until the scheduled hearing on August 13.

Court documents reveal that Judge Ezeugwu issued the restraining order based on a motion filed by Chief Michael Ezeanyawu on August 2, 2024.

Efforts to reach the PDP’s state chairman, Mr Augustine Nnamani, for comments on the matter were unsuccessful.