By Dennis Agbo
ENUGU—CONFUSION has trailed the interpretation of judgment delivered yesterday by Justice A.M Liman of the federal high court sitting in Enugu on the protracted issue of the All Progressives Congress, APC, leadership logjam in Enugu State.
Whereas, the incumbent leadership of the party in the state led by Dr. Ben Nwoye said it remained chairman, the opposition faction of the party led by Deacon Okey Ogbodo insisted that Nwoye was sacked by the court verdict.
Ogbodo had approached the court seeking for Nwoye’s disqualification as the state chairman of the party but the court granted five out of the ten prayers made by Ogbodo.
Even though the court granted that Nwoye violated sections of the party’s constitution in seeking to become the party chairman, it however refused to grant relief sought by Ogbodo to retrieve the party’s certificate of return from Nwoye which would have rendered him impotent of power.
While ruling on the issue of waiver, the court held that according to Article 31 of the APC constitution, the person seeking waiver would write to his ward, adding that the said power of NEC to grant waiver was not automatic but must be based on fulfillment of certain conditions listed in article 31.
“The constitution of the party makes personal application a mandatory requirement,” he held, stating further that the first defendant admitted that he did not apply for waiver, but relied on the pronouncement made by the NEC.
According to the court, by virtue of Articles 13 and 31 of the APC constitution, Nwoye was required to leave office 30 days to the May 19 congress, otherwise obtain a waiver.