APGA Crisis: Okorie Dusts Umeh At Supreme Court

Lanre Adewole, Abuja - 01.03.2008

The Supreme Court on Friday ruled in favour of Chief Chekwas Okorie on the lingering leadership crisis rocking the All Progressive Grand Alliance {APGA}.

However, the victory against his rival, Chief Victor Umeh was partial, as the apex court ordered the contending parties back to the Federal High Court in Abuja hearing a suit on the leadership crisis.

A five-man panel of the highest court unanimously dismissed an interlocutory appeal brought by Umeh, challenging the decisions of the trial court and the Court of Appeal, dismissing his interlocutory application challenging Okorie’s suit.

Umeh wanted the multiple suits filed by Okorie be declared as an abuse of court process, especially when Okorie filed another suit challenging the recognition being accorded Umeh by the Independent National Electoral Commission (INEC) on the nomination of candidates for the last April general elections.

The trial judge, Justice Stephen Jonah Ada, had dismissed Umeh’s application, with the Court of Appeal on 20th October, 2006 also dismissing his appeal.

Dismissing Umeh’s appeal on Friday, Justice Christopher Mitchell Chukwuma-Eneh, in his lead judgement read by Justice Ibrahim Tanko Muhammad, held that: “It is in my view therefore and in this regard I agree with the 3rd and 4th respondent (Okorie and APGA) that to establish whether or not there is an abuse of court process, the purpose and aim of the person exercising the right to institute more than one action, the Court should ask itself whether the person has multiplied his actions simply to irritate, harass and annoy the opponent and if he has acted from improper motives or wanting in bona fides.

“It is on the forgoing grounds that I dismiss unequivocally the appellant’s (Umeh) main contention in this appeal to the effect that the court below on having expressed the view that the end result of the two suits “are meant to have an impact on the leadership of the 4th respondent APGA” it should have proceeded to a finding of an abuse of Court process.

Having found on issue one, that the appellant’s case in this regard is a hopeless one, which has clearly decided the appeal, I find no merit in discussing the other issues herein. Again, the appellants have not shown any ground to interfere with the concurrent findings of the Courts below. In the final analysis, therefore, the appeal is unmeritorious and is hereby dismissed”.