APGA Drags Two SANs to LPDC
The National Working Committee (NWC) of the All Progressives Grand Alliance (APGA), has written a petition to the Legal Practitioners Disciplinary Committee (LPDC), demanding actions against two Senior Advocates of Nigeria, Dr. Onyechi Ikpeazu and P. I. N Ikwueto.
The petition which has the National Secretary of APGA, Hon. Muhyideen Imam, as the Applicant, was dated October 2, 2024, and marked BB/LPDC/1506/24.
Titled; “Complaint of Conducts and Actions Unbecoming of Senior Legal Practitioners Against Dr. Onyechi Ikpeazu (SAN), P.I.N. Ikwueto (SAN) and Victor Agunzi Esq”, APGA said it was constrained to officially forward the complaint against the above legal practitioners to the LPDC for necessary actions.
“Surprisingly, in their desperations to undo everything in favour of their client, even with their pending appeals to the Supreme Court challenging the decisions of the Court of Appeal, the same senior counsel have inspired and taken up fresh suits at the Federal High Courts Abuja and Anambra State, in disguise to re-litigating matters bothering on the internal affairs of a political party, already resolved by the Courts, even to the Supreme Court and the Court of Appeal.
“Their actions only suggest the counsel are forum shopping and attempting to subtly coercing the High Courts to seat on appeals over the decisions of the Supreme Court and the Court of Appeal.
“These clearly are the highest level of abuse of the Court process and a clear attempt capable of scandalizing and ridiculing the court system, which these desperate senior counsels must not be allowed to do.
“The fresh suits inspired and filed by the senior counsel for and on behalf of their client, are: (a). Suit No. FHC/AWK/CS/263/2023: SIR OJUKWU OBAKASI V. INEC & ORS, pending at the Federal High Court, Awka, Anambra State; and
(b). Suit No. FHC/ABJ/CS/966/2024: APGA & ANOR V. INEC & ANOR, pending at the Federal High Court, Abuja, FCT” APGA told the LPDC.
The party argued that litigation must have an end and it is the duty of counsel as ministers in the temple of justice, to advice and counsel their clients in line with the law and in upholding the ethical professional code, guiding legal practitioners in their practice of law.
“Our complaint as stated above is borne out of the respect we have for the legal profession and the ideals it holds, which in our respectful opinion are lacking in the way and manner these senior counsel conducted themselves in the matters stated above.
“We, therefore, employ you to use your good office and consider our complaint and take necessary actions that will deter desperate practitioners of your noble profession from portraying you in bad light before the right-thinking members of the society” Hon. Imam stated.
Meanwhile, alongside the SANs, the NWC of APGA had dropped C.I Mbaeri, Victor Agunzi, Tobechukwu Nweke, Chinedu Eze, Dr. Obinna Onya, and Celestine Ezeokeke as external solicitors of the party.
For the avoidance of doubt, the party said it has debriefed all the lawyers and prohibit them from further representing APGA in this or any other suit unless they are instructed by Barr. Hamman Ghide, the National Legal Adviser.
“I truly find it strange that Learned Silks will go to the Federal High Court to represent our party (APGA), without due authorization from me as the recognized National Chairman of APGA by INEC.
“We hereby put you on notice that we have instructed Paul Erokoro, SAN, Barr. Michael Ajara and Panam Ntui to act as External Solicitors to the Party in Suit No: FHC/ABJ/CS/966/2024 and other matters that the party may deem fit” APGA National Chairman, Chief Edozie Njoku stated.
The sacking of the lawyers was contained in a letter of disengagement as external solicitors, addressed to Mr Ikwueto (SAN), dated September 26, 2024.
“We, the National Working Committee (NWC) of the All Progressives Grand Alliance (APGA) respectfully write you this letter to disengage you and the following: Dr. Onyechi Ikpeazu, from representing APGA in (Suit No: FHC/ABJ/CS/966/2024) or any other suit relating to APGA, owing to some calculated, consistent and concerted efforts on your part to cause crisis in our party, through undue duplicity of suits (amounting to abuse of court process and forum shopping and brazen disrespect and disregard to subsisting orders/ judgement of courts), APGA stated.
“For coincidence of doubt, the party (APGA) you claim to represent in Section 8 (VIII)(b) of the Party’s Owerri Constitution of 2019 (as amended) made it abundantly clear that it is only the National Chairman Chief Edozie Njoku and/or Barr. Hamman Buba Ghide, the National Legal Adviser that can engage an External Solicitor for the party on any suit, the NWC .
APGA stated that as Chief Victor Oye’s counsel, the SANs are aware that it was Chief Edozie Njoku, the National Chairman of APGA that was removed in far away Jigawa and reinstated by the Supreme Court (SC/CV/687/2021) and the case dismissed as forum shopping: wherein the lead Justice, Honourable Justice Ukaego Peter Mary Odili (Rtd) inter-alia clearly stated: “It needs to be stated at this point that the dispute being who should be the Acting National Chairman of the Ist Respondent APGA and whether the Chairman, Chief Edozie Njoku was validly replaced are within the confines of the internal affair of the 1st Respondent which is not justiciable”.
According to the NWC of APGA, in corroborating the said judgement, Justice Mary Odili (rtd) stated succinctly in her letter dated November 7, 2022;
“By this clarification it is to be noted that Chief Victor Oye was not a Party to the proceedings and the proper Party for whom the Judgment and orders referred is Chief Edozie Njoku”.
Despite knowing that the right of representation of the Party as a legal entity rests with Chief Edozie Njoku led Executives, whose approval must be sought and secured, before any litigation can be entered in the name of the Party; APGA stated that Ikwueto went ahead to institute a matter in the name of APGA in suit no: FHC/ABJ/CS/966/2024, as a Plaintiff, without the knowledge and approval of the Party.
The NWC submitted that Ikwueto was in the know that the judgment of the Supreme Court was enforced at the FCT High Court Bwari, in the course of the proceedings an Order of Court was given by the
Judge that there should be no primaries, congresses or conventions.
“This order was disobeyed by Chief Victor Oye and INEC (1st and 2nd Respondents) respectively in that suit. Both Respondents disobeyed the Order of Court. Chief Victor Oye conducted an illegal convention wherein your client Mr. Sylvester Ezeokenwa emerged. He was charged for contempt, with Forms 48 and 49 served on them. The Court’s judgment found them guilty.
The NWC took time to reel out all the cases in which Ikwueto, Ikpeazu and the other disengaged lawyers had gone ahead to file and represent APGA, knowing fully well that those suits were not authorized by Chief Edozie Njoku, the authentic National Chairman of APGA.
“With all these facts at hand, I truly find it strange that you will go to any Court of law to represent APGA, knowing fully well that I am the National Chairman of APGA, who is fully recognized by the body in charge of regulating political parties in Nigeria, which is captured on their website; knowing fully well that there is no instruction given to you by myself or the National Legal Adviser you went ahead to file an action on behalf of APGA, Njoku posited.
