Suit
By Wandoo Sombo
Abuja, May 14, 2018 (NAN) The Federal High Court Abuja, on Monday, dismissed a suit challenging the tenure elongation of the National Working Committee (NWC),of the APC.
The plaintiff, Mr Ademorin Kioye had led some other members of the party to file the suit after the party extended the tenure of NWC by one year.
Delivering judgment on the matter, Justice Nnamdi Dimgba held that the suit had become academic, hypothetical and spent.
Justice Dimgba said this was on the basis that the APC had already gone ahead to hold ward and local government congresses and had also fixed a date for its national convention.
“This court takes judicial notice that ward congresses of the APC took place and Local Government congresses were held on May 12.
“State congresses will also hold on May 19 and the National Convention would have held but it has been shifted to June 2.”
He however said that he was satisfied that there was an attempt to extend the tenure of the executives of the APC and held that if it had matured, it would have been unconstitutional.
The judge also dismissed the case against the National Organising Secretary of APC, Sen. Osita Izunaso on the grounds that he had duly obtained a waiver from the party to contest elections.
The New Agency of Nigeria, (NAN), reports that the defendants were, the Independent National Electoral Commission (INEC), APC and its National Chairman, Mr John Oyegun and the National Organising Secretary, Sen. Osita Izunaso.
The plaintiffs had obtained an ex parte order directing the defendants to show cause why members of the NWC of the APC should not be barred from parading themselves as national officials of the party.
Counsel to Kioye, Mr Ahmed Raji (SAN), had told the court that they were seeking the court’s interpretation to Section 223 of the 1999 Constitution.
He said they wanted an interpretation as to whether the section was mandatory or a mere dead letter of the law.
“We have argued that Section 223 is mandatory and the philosophy behind it is to ensure that political parties conduct their affairs in a democratic manner.
“Therefore by whatever decision can a political party extend tenure especially almost half way to the end of the tenure where there is no emergency.”
He disagreed with the defendants that the matter was a domestic affair of the party and internal remedies had not been exhausted.
APC’s counsel, Mr Joseph Daudu (SAN), had urged the court to dismiss the suit on the grounds that it was premature as it was filed based on fear, speculations and political calculations.
Mr Akin Olujimi (SAN), counsel to Oyegun had aligned himself with the submissions of Daudu and prayed the court to dismiss the suit.
On his part, Mr James Onoja (SAN) counsel to Izunaso, had contended that his client was not supposed to be a party to the suit since the case around his client was that of a waiver and not tenure elongation.(NAN).
WS/SH
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edited by Sadiya Hamza