The Court of Appeal sitting in Owerri, Imo State, Monday, confirmed Dr. Kingsley Ononogbu as the authentic Chairman of the All Progressive Congress (APC), Abia State.
This is following the dismissal of a motion filed by Donatus Nwankpa, Iheanacho Obioma, and others seeking the nullification of the special congress of APC, held in Abia state on January 8, 2022, in which Dr Ononugbu was elected as the Chairman of APC in Abia State to replace late Enyinnaya Harbour.
The Appeal Court presided over by Hon. Justice R.N Pemu, alongside two other justices in a unanimous ruling, dismissed the said motion to set aside the said special congress.
Nwankpa and co had gone to Abia High Court in Ukwa to challenge the emergence of Ononugbu.
But APC, by a preliminary objection, challenged the jurisdiction of the High Court of Ukwa to hear the said suit filed by Davies Jumbo and co on many grounds and most prominent being that it is on the internal/domestic affairs of a political party which no court of laws is clothed with jurisdiction to hear and determine in that the courts cannot run political parties for them.
On 18th February 2022, the High Court of Ukwa assumed jurisdiction to hear the said case.
On 22nd February, 2022, APC and others filed an appeal against the Ruling of Hon justice C.H Ahuchogu, vide appeal No CA/OW/45/2022. APC@4 ORS VS DAVIES JUMBO @6ORS.
On 3rd March, 2022, Davis Jumbo and co-filed the said motion to set aside the special congress of 8th January, 2022, and for Donatus Nwankpa’s defunct Exco to continue in office and submit a list of delegates to the March, 26th National Congress of APC.
The Appeal Court held that the Ukwa High Court, lacks the jurisdiction to hear the suit of Davies Jumbo and co on the grounds that the subject matter of the suit is an internal cum domestic affairs of APC, a registered political party in Nigeria, “which is a no go area for courts in Nigeria.”
The Appeal Court further held that it “cannot be dragged by the Applicants to grant their motion, in that the suit at Ukwa High Court is not maintainable and or justiciable in any court of law in Nigeria.”
Therefore, the court held that the motion and or application was dead on arrival and wondered why Hon justice C.H Ahuchogu of the Ukwa High Court did not dismiss the suit before him at infancy.
With the ruling, the issue of the APC congresses in Abia State is now judicially and judiciously laid to rest.