The Rivers State chapter of the All Progressives Congress, APC has petitioned the National Judicial Commission NJC, seeking sanctions against a Justice of the High Court in Port Harcourt who issued an Ex Parte Order restraining two key officials of the party from performing the responsibilities of their offices.
The party, at a press briefing on Friday at its headquarters in Port Harcourt call in the NJC to punish Justice D.S. Kio for infractions bothering on “willfully ignoring the provisions of Order 42 Rule 3(2) of the Rivers State Civil Procedure Rules 2023”, an other provisions of the Nigerian Constitution as amended.
A Port Harcourt High Court had on Thursday issued and ex parte order restraining Chief Emeka Beke and Iheanyichukwu Azubuike From Parading themselves As Chairman and Legal Adviser of the All Progressive Congress APC, Rivers State Chapter.
The court Presided over by Justice Kio, also granted the Deputy Chairman of Rivers APC, Omiete Eferebo, to act as the Chairman of the party pending the determination of the Motion on Notice.
But speaking to journalists on the development, the Spokesman of Rivers APC, Darlington Nwauju, faulted the High Court Justice for going against the provisions of Article 21(D)(V) of APC Constitution.
Therefore, arguing that those who went to Justice D.S. Kio’s court did not “have the blessing of the APC in Rivers State to do so and we never donated authority to any one of them to act on our behalf”.
He said that party condemned in very strong terms the impersonation of a very important organ of the party declaring that it would do all within the law to correct the “willful misrepresentation and scandalization of our names and offices as duly elected officers of the party”.
Nwauju stated; “From information available to us, the court started sitting at about 11.00hrs on Tuesday 12th April, adjourned for 2hrs to 1pm then asked for another 45 minutes break which turned out to be 4hrs! Before the 4hrs adjournment, Justice D.S. Kio in open court reminded Mr Solomon Umoh SAN counsel to applicants, of the directive by the NJC to judges as touching the granting of Exparte injunctions without notifying interested parties especially in politically-exposed matters.
“We have it on good authority that within the dramatic 4hrs that it took Justice D.S. Kio to decide on an Exparte application, obvious prebendal compromises were reached that led to such a fatal decision to grant an order to persons who deceived the court into believing they were acting not just for themselves but on behalf of the State Executive Council.
The APC in Rivers State involves members of the State Working Committee, Statutory members of our party like the LGA Chairmen and Secretaries, former/serving members of the National Assembly, former/serving Principal Officers of the State Assembly who are members of the party (please see Article 12.9 of the APC 2022 Constitution (as amended).
“We can confirm that at no time did either the State Executive Council or State Working Committee of the party meet to deliberate, consider or endorse the setting up of any panel whatsoever to investigate or suspend any officer of our party, none the least the State Chairman or Legal Adviser.
“It is therefore criminal to drag the State Executive Council into such shameful adventure knowing too well the provisions of Article 21(D)(V) of our Party’s Constitution. Therefore, those who went to Justice D.S. Kio’s court did not have the blessing of the APC in Rivers State to do so and we never donated authority to any one of them to act on our behalf.
“Therefore, we condemn in very strong terms the impersonation of a very important organ of our great party as we shall do all within the law to correct this willful misrepresentation and scandalization of our names and offices as duly elected Officers of the party”.
The APC, therefore, based on what it described as verifiable and immutable facts, we demand; “That the National Judicial Council do take notice of the infractions committed by Justice D.S. Kio by willfully ignoring the provisions of Order 42 Rule 3(2) of the Rivers State Civil Procedure Rules 2023, which states inter alia ‘No application for an injunction shall be made ex-parte unless the applicant files with it a motion on notice in respect of the application’”.
“That the NJC investigates the circumstances surrounding the granting of an ex-parte order in a political matter that is purely an (intra party affair) without urgency, taking cognizance of numerous judgements by the Supreme Court which recognizes the powers of political parties to regulate themselves as social clubs (Amina Augie JSC in Aguma Vs APC 2021)”.
That the NJC punishes the said Justice D.S. Kio of the Rivers State High Court for flouting/disregarding/
“That the NJC punishes Justice D.S. Kio for utterly ignoring the Article 21 of the APC Constitution which should have pointed his court to the fact that due process was never followed in the “suspension” of these two officers of our party”.
“In his ruling, Justice D.S. Kio held that the matter before him was not an internal affair of the APC, thereby going into the merit of the case at the ex-parte stage. The NJC has to ask Justice D.S. Kio to explain this atrocious conduct by a judicial officer.
“We also want to bring to the notice of the NJC plans by the said Justice D.S. Kio to further expand the scope and shelf-life of the restraining order by converting it into judgement in exchange for further financial gratifications”.
