Prof Obiaraeri lauds Supreme Court Judgement in Favour of Nwafor Led Imo APC EXCO

A renowned professor at law, Prof Nnamdi Obiaraeri has taken time to explain the legal standings of the recent Supreme court Judgement between Chief Dan Nwafor and Chief Marcelinous Nlemigbo claiming authentic chairmanship of the Imo APC since the 2019 elections in the state.

His Article:

KUDOS TO THE ORACLE OF LAW AND JUSTICE (THE SUPREME COURT OF NIGERIA) FOR THE LANDMARK JUDGMENT IN FAVOUR OF THE CHIEF DAN NWAFOR LED IMO APC EXCO!📌

Politics is a roguish business indeed but with a judiciary that is willing capable and ready to uphold rights of citizens, politics will be played rightly and the polity will be better for it.

Only a determined and truly aggrieved person can diligently pursue a matter from the High Court to the Court of Appeal to the Supreme Court. It can be frustrating but it is worth it.

No victory is small. Congratulations to the successful parties.

Beyond the euphoria of the victorious side, one of the lessons from the landmark judgment of the Supreme Court restoring the powers and legitimacy of the Dan Nwafor led Imo APC Executive is that, if you are aggrieved, please do no take the laws into your hands.

Rather, approach the courts and seek legal redress. Though the wheels of justice rotate slowly, it will surely come to a halt.

Yesterday’s (May 27, 2022) Supreme Court judgment in favour of the Dan Nwafor led Imo APC Executive is both a victory for internal party democracy and a restatement of rule of law.

A Daniel truly came to judgment in favour of Daniel Nwafor!

Notwithstanding the panicky comments from those who may not have been favoured by this development, the
locus classicus is a bold condemnation of party impunity and high handedness to the extent that a duly elected Executive of the party in a State or other levels cannot be unilaterally dissolved and a ramshackle Caretaker Committee put in place.

The legal and or political implications of that judgment against the party in Imo APC and APC National are many.

It has disastrous political implications rooted in settled law no matter who is not prepared to take early heed or pretend about it.

The indubitable fallouts include but are not limited to the following-

1. All acts and things done before now or yet to be done (congress, meetings, primary, resolutions) concerning Imo State to the exclusion of or without recourse to the Dan Nwafor led Imo APC Executive either by APC National ot through the illegal Chief Nlemigbo led Caretaker Committee remain null, void and of no effect whatsoever.

2. All acts and things yet to be done in Imo APC by APC National or any other person or authority from the date of that judgment to the exclusion of or without recourse to the Dan Nwafor led Imo APC Executive remain null, void and of no effect whatsoever.

3. You cannot put something on nothing and expect it to stand.
Hence, by this profound judgment of the Supreme Court validating the direct pronuncements of the Court of Appeal which had upheld the judgment of the Federal High Court Abuja that Chief Dan Nwafor is the authentic Chairman of Imo APC, automatically the Chief Nlemigbo led Caretaker Committee were usurpers not known to law.

4 Hence all acts and things the ragtag and incongruous Chief Nlemigbo led Imo APC Caretaker Executive did or caused to be done remain illegal, null and void and anyone or group of persons parading or claiming Imo APC Executive leadership through, after and under Chief Nlemigbo is an impostor and remains bereft of any powers and destitute of rights to function as Imo APC Executive from the State, Zone, Local Government Area and to the Ward levels.

5. Dan Nwafor’s led Imo APC Executive tenure is valid and subsisting and will run full stream until the expiration of their tenure in the future.

6. There is therefore no leadership vacancy in Imo APC and anyone dealing with any other person or group of persons outside them is doing so at great risk and legal danger.

7. Another outstanding import of yesterdays Supreme Court judgment is that the judgment of the High Court in favour of Dan Nwafor led Imo APC Executive remains final and unappellable, the opportunity or window of appeal against it having been perpetually closed by the Appeal Court and final decision of the Supreme Court affirming same and refusing to grant leave to appeal the judgment.

9. It needs to be restated that the judiciary remains the bastion of democracy and bulwark of rule of law.

Above is the law and nothing more pretentious.

Let the rule of law prevail.

Play politics and don’t fight politics.

A new normal is possible!

🖋️
Prof Obiaraeri, N.O.