By Godwin Tsa, Abuja
The planned national convention of the All Progressive Congress (APC) is now a subject of litigation before the Abuja of the Federal High Court which has been asked to stop the National Caretaker Committee (NEC) members the party led by Yobe state governor, Alhaji Mai Mala from going ahead with the convention.
The Governor Buni led caretaker committee of the party has scheduled the December national convention to elect it’s new executives.
But in a suit, the plaintiff, Ntufam Hilliad Etagboeta, is among other reliefs, seeking the nullification of the caretaker committee.
In the suit file through his counsel, Chief Onyechi Ikpeazu, SAN, raise some questions for determination.
Defedants in the suit are Governor Buni, Sen. John Akpan Udoedehe, the National Secretary, Isiaka Oyetola, Sani Bello, Stella Oketete and the Independent National Electoral Commission (INEC)
In the Originating Summons, Governor Buni, Akpan Udoedehe, Oyetola, Bello and Oketete are the 1st to 5th defendants while INEC is the 6th defendant.
The plaintiff prayed the court to determine the following questions:
*Whether having regard to Section 183 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 17 (iv) of the Constitution of All Progressives Congress (APC) it is an illegality and a void act for a person to hold an executive office in the Government simultaneously with an office in any organ of the All Progressives Congress (APC) at any level, in whatever capacity.
*Whether having regard to Section 183 of the Constitution of the Federal Republic of Nigeria, Articles 20()a), 170) and (iv) of the Constitution of the All Progressives Congress (APC), only persons who are not disqualified from holding office by virtue of the Constitution may run the affairs of the Party including the holding of a National Conventions and Congresses of the All Progressives Congress (APC).
* Whether an act perpetuated in violation of Section 183 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 17() and (iv) and 20() ) of the Constitution of the All Progressives Congress
(APC) is void abinitio, conferring or extinguishing no legal rights whatsoever.
The plaintiffs also prayed the court for the following orders:
An order setting aside and nullifying the appointment and
constitution of the 1st to 5th defendants into a caretaker/extraordinary
convention planning committee of the all progressives congress (APC).
An order of perpetual injunction restraining the defendants from, acting by themselves or through their agents and servants,
from continuing to hold out, present and or parade themselves as the
caretaker/extraordinary convention planning committee of the all
progressives congress (APC) or from taking any steps whatsoever as either national Chairman, National Secretary or members respectively of the caretaker/extraordinary convention planning committee of the all
progressives congress (APC).
An order of perpetual injunction restraining the 6 defendant from
recognizing and or continuing to recognize the 1st to 5th defendants as National Chaiman, National Secretary or members respectively of the caretaker/extraordinary convention planning commíttee of the all progressives congress (APC).
In the affidavit in support of the originating summons,
Etagboeta said the National Working Committee (NWC) reacted to the proposed illegal meeting in a document captioned Press Statement by All Progressives Congress (APC) National Working Committee (NWC)” clearly expressing that the proposed meeting violated the Constitution of the All Progressives Congress (APC).
He said the Ist to 5th Defendants and those who projected them were duly alerted
of the illegality of their act yet they persisted in such illegality and willful disregard of the organic document of the 1st Plaintiff.
The 6th Defendant no longer deals with the duly elected Executive of
APC but on the contrary have recognized the Ist to 5th Defendants in all
matters concerning the 1st Plaintiff, which contravenes the Constitution of APC.
The 1st to 5th Defendants up till today are discharging the functions of the National Working Committee of the 1 Plaintiff and are parading
themselu ves the All Progressives Congress (APC) Caretaker
TExtraordinary Convention Planning Committee.”
No date has been fixed for the hearing of the case.
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