By Mike ALADENIKA.
A Federal High Court judge, sitting in Lagos, Justice Mohammed Liman, has transferred the case file of the suit seeking to nullify the National Executive Committee (NEC) meeting of the All Progressives Congress (APC) held on June 25, to the Chief Judge of the Federal High Court, FCT, Abuja for attention, allocation and hearing.
A legal practitioner who claims to be a member of APC, Lateef Arigbaruwo, had dragged the party to the Federal High Court, Lagos, over the legality or otherwise of the NEC meeting which was called by the Acting National Chairman, Victor Giadom, attended by President MOHAMMADU BUHARI and other top APC officials.
The suit marked, FHC/L/CS/789/2020, has Victor Giadom, APC National Caretaker Committee and Independent National Electoral Commission (INEC) as co-defendants.
The plaintiff is asking the court to, among other things, nullify the decision taken at the meeting as well as set aside the party’s National Committee and all its decisions.
“A declaration that it is ultra vires, in accordance with Article 17 (iv) 25 (B) of the Constitution of the All Progressive Congress for the National Executive Committee to by any disguise appoint Mai Mala Buni (governor of Yobe State) Isiaka Oyetola (governor of Osun State), and Sani Bella (Governor of Niger State) as members of the National Caretaker Committee Members of the All Progressive Congress and therefore their appointment as members of the committee is illegal, null and void ab initio,” the suit read.
“A declaration that the second defendant, from June 21, had ceased to be a member of the party upon his suspension by the Rivers State Chapter of the All Progressive Congress;
“Thus the National Executive Committee meeting called by the second defendant on June 24 was illegal and all decisions taken in the said National Executive Committee meeting held on June 25 is/was null and void ab initio, the convener not being a member of the party as at when he convened the meeting.”
The plaintiff also asked the court to restrain the caretaker committee members from parading themselves as such.
During the court hearing of an exparte motion filed by the plaintiff via Zoom on Tuesday, Justice Liman raised the issue of geographical jurisdiction of the suit. insisting that the matter should have been filed in Abuja where the respondents reside and not Lagos.
He subsequently ordered that the case file be transferred to the Chief Judge of the Federal High Court, Abuja.
Arigbarigo was represented during the Zoom court session by his lawyer, Dimien Edonkumoh.
Recall that the NEC meeting held, following the leadership tussle rocking the National Working Committee (NWC) of the party at the time. At the meeting, President Muhammadu Buhari recommended the dissolution of the NWC, a recommendation that was approved by NEC members. A caretaker committee led by Yobe State Governor, Mai Mala Buni, was subsequently set up where Party members were asked to withdraw all cases from the courts.
SPARKNEWSNAIJA investigations however revealed that more court cases may still be on the way challenging the legality of the decision of the new National Convention Organising Committee (Care Taker Committee) to reconcile factions to the emergence of the party's candidate for Edo GOVERNORSHIP election.
An indication that all appears not to be well with the ruling Party ahead of the September 19th, 2020 gubernatorial election in Edo State.
#SPARKNEWSNAIJA.(SNN)
with Agency reports.
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