A member of the All Progressives Congress (APC), Mr. Okosisi Emeka Ngwu, has prayed a High Court of the Federal Capital Territory (FCT), Abuja to sack the Mai Mala Buni-led caretaker/extraordinary national convention planning committee of the party and nullify all actions so far taken by it.
In the suit marked FCT/HC/CV/1824/2021, Ngwu listed the APC and all caretaker/extraordinary national convention planning committee members as respondents.
They are the governors Buni, Yobe State; Adegboyega Oyetola, Osun; Abubakar Sani-Bello, Niger; the former senate president, Mr. Ken Nnamani, Stella Okorete, Dr. James Lalu, Senator Abubakar Yusuf, Akinyemi Olaide, David Leon, Abba Ali, Prof. Tahir Mamman, Ismail Ahmed and Senator John Akpanudoedehe.
The plaintiff raised four posers for the court to decide. They are:
Whether there is any organ of the APC known as Caretaker/Extraordinary Convention Planning Committee created in or by the constitution of the party;
Whether the organisation known and called caretaker/extraordinary planning committee is one of the organs created by Article 11 of the constitution of the political party known and called the APC;
Whether pursuant to section 87(4) (b) (1) of the Electoral Act (as amended) any other organ of a political party can validly appoint a date for the holding of a congress for the purpose of nominating the governorship candidate of the political party Including the APC apart from the National Executive Committee of the party;
Whether a valid candidate or officer of the party can emerge from a congress fixed by any other organ of a political party outside the National Executive Committee of a political party including the APC.
According to The Nation, Ngwu specifically urged the court to dissolve the caretaker committee arguing that there is no organ of the party or any such organisation in the party’s constitution.
He also sought a declaration pursuant to section 87(4) (b)(1) of the Electoral Act (as amended), which says only the national executive committee of a political party can validly appoint a date for the holding of primaries for the nomination of the gubernatorial or other candidates of the political party.
The applicant also prayed the court to declare that unless an election is conducted in accordance with the Electoral Act and by an organ known to and created by the constitution of the APC, no valid candidate can emerge from such a primary.
He further urged the court to grant an order setting aside all actions and decisions taken by members of caretaker committee of the APC.
Ngwu stated in a supporting affidavit that he had wanted to contest for the national chairman of the party in 2018 after the tenure of the erstwhile national chairman of the party Mr. Adams Oshiomhole expired, but was prevailed upon to allow Oshiomhole to be returned unopposed.
Ngwu said he was prevailed upon to sheath his ambition because he (Oshiomhole) had only four years to be in office and then, he will contest the election for the position of national chairman.
“After just two years, I was surprised to hear that the National Executive Committee and National Working Committee had been dissolved and “a contraption” known as Caretaker/Extraordinary Convention Planning Committee had been created by an unknown person and Mai Mala Buni asked unilaterally to head the committee.
“I was surprised as by the constitution of the party, the National Executive Committee would be in office for four years until June 22, 2022.
“My supporters and I also knew that only a duly elected national executive committee could validly hold any primaries to nominate candidates for the party for the various elections to be held between the day of the dissolution of both the national executive committee and national working committee.
“The CECPC is unknown to our party’s constitution and it is operating without reference to the party’s constitution,” he stated.
