Legal Nigeria

Court bars Agballah, nine others from parading as Enugu APC exco

A High Court in Enugu State has issued an injunction preventing Ugochukwu Agballah from presenting himself as the chairman of the All Progressives Congress (APC) in Enugu State.

The court order, obtained by our correspondent on Friday, was signed by J. I. Agu, Esq, Deputy Chief Registrar 1.

The following individuals were also prohibited from acting as party officials: Deputy Chairman Chief Augustine Alumonah, Mr. Jude Chinedu Aniogbo, Mr. Moses Emeka Eze, Barrister Sunday Ugwoke, Mr. Ugwu Christian Kanayo, Mr. Eze Chidiebere Johnson, Queen Charles, Onyekachi T. Ezeagu, and Comrade Idoko Chikadibia.

Agballah was penultimate week suspended as the state chairman of the APC, by the state executive council of the party.

He was suspended alongside three other executive members of the party in the state: Chief Augustine Alumonah (State Deputy Chairman); Mr Jude Aniogbo (State Treasurer) and Mr Emeka Eze (State Organizing Secretary). They were accused of abusing their offices.

However, the suit, NO: E/548/2024, filed before Hon. Justice C.V.C. Ezeugwu, has Nwafor Alphonsus Onyeachonam, Acting State Chairman, APC, Enugu State Chapter, Chief Michael Ezeanyawu, State Publicity Secretary, Comrade Peter Chime, State Youth Leader, Mr. Uba Uthman Onah (Chairman Forum Of L.G Chairmen and Comrade Samuel Okonkwo, (Chairman Forum Of L.G Secretaries) listed as plaintiffs/applicants.

They sued for themselves and on behalf of the APC State Executive Committee members in Enugu State.

The court document said, “UPON an application by Motion Ex-parte brought pursuant to Order 3 Rule 24); Order 38 Rules 1, 2 and 4(a); Order 7 Rule 5; and Order 39 Rules 1 and 2 of the High Court Rules of Enugu State, 2020; Sections 6 and 36 of the Constitution of Federal Republic of Nigeria 1999 (as Amended); supported by a 46-paragraph affidavit deposed to by Chief Michael Ezeanyawu, and filed at the High Court Registry, Enugu on 2nd day of August, 2024; seeking an Order for Interim Injunction and Substituted Service.

“AND AFTER Hearing the submission of J. N. Aloh, Esq. of Counsel, for the Plaintiffs/Applicants.

“The Court hereby orders as follows: An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from acting and parading themselves as occupying any of the following positions/posts to wit: State Party chairman, State Party Deputy Chairman, State Party Treasurer, State Party Organizing Secretary, Nsukka Local Government Party Chairman of APC, Igboeze South Local Government Party Chairman of APC, State Party Youth Leader of APC, Enugu South Local Government Party Chairman, State Party Publicity Secretary of APC and Enugu North Party Chairman, respectively of State Executives Committee, Enugu State Chapter pending the hearing determination Motion on Notice on 13th August, 2024;

“An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from calling, arranging, organizing and holding any meetings, congresses or conventions as the leadership of APC State Executive Committee (SEC) and/or interfering, disturbing and meddling with the functions/activities of the Plaintiffs/Applicants (as well as other validly elected members of the said Executive) as the State Executive Committee of the Party in Enugu State, pending the hearing determination of the Motion on Notice on 13th August, 2024;

“An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from accessing, operating, withdrawing and/or in whatever manner dealing with APC, Enugu State Party Account domiciled with the 11th Respondent, UNEC Branch, Enugu with Account Number 1025534529 and the Court hereby restrains the 11th Respondent from dealing with or honouring any instruction given by the 1st to 10th Respondents in respect of the said Account, pending the hearing and determination of the Motion on Notice on 13th August, 2024;

“An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from accessing, making use of, claiming or in any manner whatsoever dealing with the Secretariat of APC, Enugu State Chapter which is at No. 598 Bishop Onyeabor Street, G.R.A, Enugu North Local Government Area of Enugu State, pending the hearing determination of the Motion on Notice on 13th August, 2024;

“The Court hereby grants leave to the Applicants to serve any Order made herein, the Motion on Notice for Interlocutory Injunction and other subsequent processes in this Suit on the 1st to 10th Respondents by Substituted Means, to wit: by pasting same at the conspicuous parts of the APC, Enugu Chapter Secretariat at No. 598 Bishop Onyeabor Street, G.R.A, Enugu North Government Area of Enugu State.”

The matter has been adjourned to the 13th day of August, 2024 for the Motion on Notice

Source: The Nation