Lukman Olabiyi and Priscilla Ediare, Ado-Ekiti
Confusion has hit members of the All Progressives Congress (APC) over different orders from different courts in respect of the proposed meeting of the National Executive Council (NEC) of the party slated for March 17.
On Wednesday, Justice Samira Bature of the Federal Capital Territory, FCT High Court, Maitama restrained the national secretary of the All Progressives Congress (APC), Waziri Bulama, the party legal adviser, Babatunde Ogala, and publicity secretary, Lanre Issa-Onilu from disrupting the proposed meeting.
But another court in Lagos, precisely, the Federal High Court on the same day, granted an interim injunction restraining APC from giving effect to notice of meeting issued by one Victor Giadom who purportedly convened an emergency meeting of NEC.
Again, Justice Mohammed Liman of the Federal High Court, Lagos, ordered that the meeting of the NEC of the party, scheduled for next week Tuesday must not go on without attendance of a former Oyo State governor, Abiola Ajimobi, Waziri Bulama and Paul Chukwuma, at such meeting.
The court made the order in a ruling which restrained the APC and its officials from “disturbing, preventing or obstructing Waziri Bulama, Senator Abiola Ajimobi and Paul Chukwuma from carrying out their duties as acting national secretary, acting national deputy chairman (South) and acting national auditor of the APC, respectively.”
Justice Liman made the order sequel to an ex-parte application filed by the Lagos State chairman of the APC, Tunde Balogun, which was argued by his lawyer, Gani Bello.
Balogun, who is chairman of Lagos State chapter of APC, in the application, prayed the court to compel the APC to recognise Bulama as the party’s acting national secretary; Ajimobi, as the acting national deputy chairman (South); and Chukwuma, as the acting national auditor of the party.
He told the court that after the three offices became vacant and were zoned to different geopolitical zones, Bulama was nominated by the North-East; Ajimobi, by the South-West; and Chukwuma, by the South-East.
The petitioner said the nomination of Bulama was ratified at the meeting of the APC National Working Committee held on January 14, 2020; while those of Ajimobi and Chukwuma were ratified at the NWC meeting of March 4, 2020.
“By virtue of the ratification stated above, the nominees have become members of the National Executive Council and are entitled by the constitution of the defendant (APC) to work and operate in acting capacities in their respective offices pending their swearing-in at the national convention of the party.
“In spite of the foregoing, the defendant (APC), acting through its officials and officers, particularly, the deputy national secretary, has not allowed the nominees to perform their duties as members of the National Executive Council,” Balogun said.
He told the court that the APC National Executive Council could not effectively function unless Bulama, Ajimobi and Chukwuma were allowed to perform their duties.
He, therefore, urged the court to compel the APC to recognise the trio.
After listening to the applicant’s lawyer, Justice Liman granted the prayers and adjourned till March 25, 2020, to entertain the plaintiff’s motion on notice.
Meanwhile, the Federal High Court, Ado-Ekiti, Ekiti State, has begun hearing of the suit filed by a chieftain of the APC in the state, Mr Michael Akinleye, against Senator Ajimobi over his appointment as the deputy national chairman (South) by the party’s National Working Committee(NWC).
Akinleye in the suit is contending the propriety of the action taken by the APC National Working Committee’s appointment of Ajimobi via alleged imposition.
Respondents in the suit are: APC national chairman, Adams Oshiomhole (1st respondent), National Working Committee (2nd), National Vice Chairman, South West (3rd), APC South West Zonal Caucus (4th), Ekiti State Chairman of APC (5th), Ekiti State Caucus of APC (6th), All Progressives Congress (7th) and Senator Abiola Ajimobi (8th).
The seat became vacant following the appointment of Otunba Niyi Adebayo as a Minister of Industry, Trade and Investment, which brought the feeling by Ekiti APC that Senator Gbenga Aluko should be allowed to fill the vacancy in respect of the party’s micro-zoning rather than moving it to Oyo State.
During the proceeding, Oshiomhole, Ajimobi and other respondents, with the exception of 5th and 6th, were absent in court, but they were represented by their lawyer, Chief Tony Adeniyi.
In the originating summon filed by his lawyer, Taiwo Omidoyin, the applicant sought an interlocutory order stopping the party from either announcing or appointing Ajimobi pending the determination of the suit.
He urged the court to restrain the 8th respondent (Ajimobi) from parading himself as the deputy national chairman.
Akinleye urged the court to determine among other things whether his rights had not been abridged as an aspirant looking up to elect the deputy national chairman before Ajimobi was suddenly imposed.
But in the preliminary objection filed by Adeniyi, who is representing all the respondents with the exemption of the 5th and 6th, contended that the court lacks the jurisdiction to hear the matter and that the suit be dismissed on the premise.
The hearing of the preliminary objection could not be argued because the lawyer to the applicant said he had not been properly served to be able to respond appropriately.
The counsel to the respondents didn’t object to the adjournment sought by the counsel to the applicant.
The presiding judge, Justice U. N. Agoma in her brief ruling adjourned the case to March 23 for hearing of the pending applications.