Godwin Tsa, Abuja
A Federal High Court sitting in Abuja on Monday ordered substituted service of court summon on Yobe Governor, Mai Mala Buni in a suit challenging the dissolution of the of the Adams Oshiomhole led National Working Committee (NWC) of the All Progressives Congress (APC).
Justice Taiwo Taiwo ordered that the summons for the governor being the APC National Caretaker Committee Chairman be pasted at the entrance of the National Secretariat of the APC at No: 40 Blantyre Street, Wuse, Abuja.
The plaintiff, Kalu Agu had complained to the court of his inability to effect service on the respondents who he alleged, have been evading service of court summons since they got wind of the suit.
Others who are also affected by the order on substituted service are: Governor Sani Bello of Niger State, Senator Ken Nnamani, Isiaka Oyebola, Dr James Lalu, Senator Abubakar Yusuf, Hon. Akinyemi Olaide, David Leon, Professor Tahir Mamman, Ismail Ahmed and Senator Akpan Udoedehe.
Justice Taiwo in a short ruling on the exparte motion, ordered that the originating summons and other processes in the matter be served on 3rd to 14 defendants by posting same on the entrance gate of the APC Headquarters in Abuja, since the party is the second defendant in the matter.
The judge further ordered the service when effected by the court bailiff shall be deemed good and proper service.
He accordingly adjourned hearing in the matter to September 4 .
Kalu, a Youth Leader of the APC in Abia State is challenging the powers of the National Executive Council (NEC) to sack the national leaders barely two years out of their constitutionally guaranteed four year term of office.
In the suit with number: FHC/ABJ/ CS/736/2020, the plaintiff asked for an order of the Federal High Court, Abuja, setting aside the dissolution of the NWC by APC’s NEC meeting held at the presidential villa last month.
He is also praying the court for an order restraining the National Caretaker Committee members led by Buni from parading themselves as national officers of the APC and from usurping the functions of the party’s NWC.
Plaintiff also prayed the court for an order restraining the National Caretaker Committee from putting into effect the resolution of the APC’s NEC meeting passed on June 25, 2020 and for another order against the Independent National Electoral Commission (INEC) from recognizing, dealing with or relating with the caretaker committee in whatever guise to usurp the functions of the NWC.
Similarly, the plaintiff also prayed for an order of mandatory injunction compelling Independent National Electoral Commission (INEC) to continue to recognise the Oshiomhole led members of the NWC as the authentic national officers of the party.
He also prayed the court for an order striking down Article 17 of the APC’s constitution which provided for appointment of officers into the organs of the party for being inconsistent with section 223 of the 1999 Constitution and section 85 of the Electoral Act of 2010.
In a 44- paragraph affidavit in support of the originating summons, the plaintiff claimed to be one of the foundation members of the Congress for Progressive Change (CPC) under which he contested for the House of Representatives in Arochukwu/Ohafia Federal Constituency of Abia State in 2011 and that after the 2011 general elections the party along with others merged in 2013 to form the present APC.
Plaintiff further averred that he is an accredited APC member and that he was elected as the Abia State Youth Leader in April 2014 during the state’s congress held at Umuahia, adding that the national officers of the APC were also elected in 2014 in accordance with the party’s constitution.
Insisting that the 1999 Constitution guaranteed four year tenure for party officials, Agu averred that in breach of the same constitution on June 25, 2020, APC’s NEC meeting at the presidential villa Abuja, passed an illegal and unlawful resolution dissolving the NWC and also setting up an illegal caretaker committee of the NWC.
Plaintiff’s further grouse was that members of APC’s NWC had barely spent two years from their four years in office before they were purportedly dissolved by the NEC.
He is therefore praying the court to declare the dissolution of the NWC as unconstitutional, illegal, null and void and another declaration that the recognition accorded the caretaker committee is unconstitutional and illegal.
Plaintiff further prayed the court to declare that the setting up of the caretaker committee for APC by the NEC on June 25, is unconstitutional, illegal, null and void and of no effect.