Imo: Supreme Court Never Reinstated Daniel Nwafor – APC NWC

The National Working Committee of the All Progressives Congress APC, has dismissed claims by the sacked former chairman of the Imo State chapter of the APC, Mr Daniel Madueke Nwafor, that the NWC has given him authorisation to act as the chairman of the party in the state.

In a Press release signed by the National Publicity Secretary of the party, Barr. Felix Morka, the party explain the content of the said Supreme Court judgment Nwafor has been parading on social media, pointing out that the Supreme Court never reinstated Nwafor instead, dismissed the case as never existing.

Morka who was a guest on Channels TV programme Politics Today (Video below), stated, “to begin with, the Supreme Court did not and never declared Mr Nwafor as chairman of the Imo State chapter of the All Progressives Congress APC, that I think is just one of the misreading of that decision of the Supreme Court. As a matter of fact,the Supreme Court did strike down everything about the matter that lead to that appeal at the Supreme Court effectively saying that the trial court had no jurisdiction to try or entertain that matter that was brought originally in the High Court and because that court had no jurisdiction, the Supreme Court concluded that everything that was done, every order given, every process that was filed in that matter were stuck out. So the court returned the matter to status quo so it was as if there was never a case filed in that matter. So it’s actually incorrect to suggest that the Supreme Court in that matter did find that Mr Nwafor led executive is actual the legitimate executive.”

The release by the NWC reads as follows:

The National Working Committee of the All Progressives Congress (APC) at its meeting held on June 30, 2022 considered the matter of the status of the Executive Committee of the Imo State Chapter of the Party and made the following findings and decisions:

The recent judgment of the Supreme Court in All Progressives Congress (APC) vs. Evan Enwerem & Ors. (SC/Cv/884/2020) has been subject of various interpretations regarding the status of the Executive Committee of the lmo State Chapter of APC. It has become imperative to clarify the situation in order to avoid further controversy in the matter.

The NWC has determined that the MacDonald Ebere-led Executive Committee of the Imo State Chapter of the Party is the legitimate and duly recognized Executive Committee of the Party in the State.

In its judgment, the Supreme Court held that the trial court lacked territorial jurisdiction and was therefore incompetent to adjudicate on the original suit in the matter. On page 25, of its lead judgment, the Supreme Court held that:

“Avoiding the High Court of the State in which the events occurred as done by the 1st Respondent in this Appeal, to file a suit in the High Court of the Federal Capital Territory, Abuja in which none of the events giving rise to the suit occurred, amounts to forum shopping and a gross abuse of court process.

Consequently. the trial Court lacked the territorial iuriscdictional competence to have entertained the suit in the first place. hence rendering the decision a nullity

(Underlining for emphasis)

Further, the Supreme Court held at page 27 of its judgement that:

“In the final analysis. Lfind no merit in this appeal. Same is hereby dismissed. The Suit together with the processes filed right from the trial court are hereby struck Out” (Underlining for emphasis)

The effect of the Supreme Court decision is clearly a return to status quo, as though the suit never existed.

And the status quo would ordinarily be that the Daniel Nwafor-led Executive Committee which was elected in July, 2018 with a four-year mandate would remain in office until the expiration of its term in July, 2022.

However, by the authority of the National Executive Committee (NEC) of the Party, the Executive Committees of all State Chapters of the Party (including Imo State) were dissolved on December 8, 2020, and Caretaker Committees were duly constituted in place of the Executive Committees.

In 2021, the Party conducted its Ward, Local Government and State Congresses nationwide, including in Imo State, leading to the emergence of new State Executive Committees that were duly inaugurated by the Party

On record, there was no court order or injunction restraining the conduct of Congresses in Imo State, and Daniel Nwafor did not participate in the State Congress.

In the light of the ahove, the NWC has determined that Daniel Nwafor-led Executive Committee’s tenure was effectively ended by NEC pursuant to the exercise of its authority under Article 13.3 of the Party’s Constitution as previously stated.

For the avoidance of doubt, the incumbent State Executive Committee under the Chairmanship of MacDonald Ebere is and remains the legal, legitimate and duly recognized Executive Committee of APC in Imo State.