Again, court adjourns suit seeking Ganduje’s removal to July 5
A Federal High Court, Abuja Division, has again adjourned the suit seeking the removal of Abdullahi Ganduje as national chairman of the All Progressives Congress (APC) until July 5.
Justice Inyang Ekwo adjourned the matter on Wednesday to allow the plaintiff to respond to a fresh application filed by Mr Ganduje to challenge the competence of the suit.
Upon the resumed hearing, the plaintiff’s lawyer, Benjamin Davou, told the court that Sanusi Musa, SAN, who appeared for Mr Ganduje, had just served him with a fresh motion.
He said he would need time to study whether to respond to the application.
Mr Musa did not oppose Mr Davou’s application for adjournment.
Mr Ekwo, consequently, adjourned the matter until July 5 for hearing.
The judge had, on June 13, fixed today for hearing after Mr Davou applied to respond to the notice of preliminary objection and counter-affidavit served on him by Mr Ganduje’s lawyer.
The plaintiff, the North Central APC Forum, led by Saleh Zazzaga, had filed the suit marked: FHC/ABJ/CS/599/2024.
In the suit, they queried the propriety of Mr Ganduje’s appointment as the chairman of the APC when he is not from the North Central geopolitical zone.
Listed as defendants in the case are Mr Ganduje, the APC, and the Independent National Electoral Commission (INEC).
The plaintiff wants the court to, among others, restrain Mr Ganduje from further parading himself as the chairman of the APC.
It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries, and nominations, since Mr Ganduje became APC chairman on August 3, 2023.
It also argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Mr Ganduje from Kano state in the North-West geopolitical zone to replace Abdullahi Adamu from Nasarawa state in the North Central geopolitical zone.
It further argued that Mr Ganduje’s appointment to replace Mr Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC 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 geopolitical zone into the office of the chairman of the party.
It wants the court to, among other things, declare that, under Article 20(1) of the APC Constitution 2013 (as amended), Mr 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, under 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 NEC lacked the power to appoint any person to the office of the chairman, among others.
(NAN)
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