A Federal High Court in Abuja, Nigeria ruled on Thursday, June 13, that it will hear on June 26 the suit seeking to sack the national chairman of the All Progressives Congress (APC), Abdullahi Ganduje along with the objection raised against the competence of the suit.
Justice Inyang Ekwo gave the ruling following the request by the lawyer to the plaintiff – the North Central APC Forum – Benjamin Favour to be allowed time to reply to the responses filed by Ganduje.
The North Central APC Forum, led by Saleh Zazzaga, is in the suit marked: FHC/ABJ/CS/599/2024 querying the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.
Listed as defendants in the case are Ganduje, the APC, and the Independent National Electoral Commission (INEC).
At the mention of the case on Thursday, Davou said although the suit was slated for hearing, it would not be possible because Ganduje’s lawyer, Raymond Asikeni just served him the notice of preliminary objection and counter affidavit filed by the first defendant.
Davou promised to file his reply to the two sets of documents files by Ganduje first thing on Wednesday after the public holiday.
Justice Ekwo then adjourned till June 26 for hearing, adding: “On the date of hearing, the preliminary objection will be taken together with the substantive suit.”
The judge added: “The processes of any party that is absent from court shall be deemed as adopted.”
The plaintiff, in the main suit, wants the court to, among others, restrain Ganduje from further parading himself as the Chairman of the APC.
It also wants the court to issue an order directing the Independent National Electoral Commission (INEC) not to accord recognition to all actions taken by the APC, including congresses, primaries, and nominations, since Ganduje became APC Chairman on August 3, 2023.
The plaintiff is contending among others, that Ganduje is occupying the office of the APC Chairman illegally, not being from a state in the North Central geo-political zone.
The plaintiffs argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo-political zone to replace Senator Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.
It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the National Executive Committee of the party.
The plaintiff added that by the true interpretation of Article 31.5(1) of the APC. Constitution 2013 (as amended), the party is bound to comply with the procedure for the replacement of an officer in the event of a vacancy and ought to appoint a member from Nasarawa State in the North Central geo-political zone into the office of the Chairman of the party.
The plaintiff wants the court to among others, declare that by Article 20(1) of the APC constitution 2013, as amended, Ganduje cannot be appointed as the national chairman of the party other than through democratically conducted elections and that his current occupation of the office is illegal.
It equally seeks a declaration that by the provisions of Article 13 of the APC constitution 2013 (as amended), the party’s National Convention is the final authority of the party which has the power to elect or remove National Officers of the party including the National Chairman of the party.
The plaintiff also wants a declaration that the party’s National Executive Committee lacked the power to appoint any person to the office of the Chairman.
It is equally praying the court for the following orders:
*An order setting aside the appointment of the first defendant (Ganduje) as the Chairman of the second defendant (APC), same having not followed duly laid down procedures of the second defendant as enshrined in the second defendant’s constitution.
*An order directing the third defendant (INEC) not to recognize all actions taken (including, but not limited to party congresses, primaries and nominations) by the second defendant during the tenure of chairmanship of the first defendant, from August 3, 2023 till date, same being actions done under an illegal Chairman.
*An order directing the third defendant to compel the second defendant to conduct a fresh convention for the sake of electing a National Chairman or appoint another National Chairman from Nasarawa State from the North Central geo-political zone in line with Article 31.5(i) of the Constitution of the All Progressives Congress, 2013 (as amended).
Explaining the rationale behind the case, Zazzaga, said it is intended to ensure fairness and justice because the party has continued to ignore his group’s members’ request that the right thing be done.
He said the progress of the APC is still their ultimate desire and urged the party to immediately do the needful to avoid any form of internal revolt that would give their opponents an advantage over them.
Zazzaga added that doing the needful would avert any undesirable uncertainty for the party in the near future, arguing that Ganduje’s occupation of the position of the party’s National Chairman was not in the interest of the APC.
