Somtochukwu

The Federal High Court in Abuja has been asked to restrain members of the Caretaker/Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress (APC) from proceedings with plans to hold the party’s national convention.

The CECPC, led by Yobe Governor, Mai Mala Buni (as the National Chairman), is said to put working on holding the party’s national convention in December this year to among others, elect new executive members.

The suit, with APC and Ntufam Hilliard Etagbo Eta listed as plaintiffs, was filed on November 20, 2020 by a team of lawyers led by Onyechi Ikpeazu (SAN).

Listed as defendants are Buni, Senator John Akpan Udoedehe (National Secretary, CECPC), Isiaka Oyetola (member, CECPC), Sani Bello (member, CECPC), Stella Oketete (member, CECPC) and the Independent National Electoral Commission (INEC).

It is the contention of the plaintiffs that the constitution of the APC’s CECPC is unlawful, having been populated by serving state governors, in violation of the Constitution of the country and that of the political party.

They want the court to among others, determine whether, having regard to Section 183 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 17 (iv) of the Constitution of APC, it is an illegality and a void act for a person to hold an executive office in government simultaneously with an office in any organ of the APC at any level, in whatever capacity.

The plaintiffs want the court to set aside/nullify the appointment and constitution of the first to fifth defendants into a caretaker/extraordinary convention planning committee of the APC.

They also seek an order of perpetual injunction restraining the to defendants and their agents “from continuing to hold out, present and or parade themselves as members of the APC’s CECPC or from taking any steps whatsoever as either the National Chairman, National Secretary or members respectively of the CECPC of the APC.

They plaintiffs are equally praying the court for an order of perpetual injunction restraining the sixth defendant (INEC) from recognising and or continuing to recognise the first to fifth defendants as constituting the APC’s CECPC.

Etagbo Eta, in a supporting affidavit, stated the APC’s the National Working Committee (NWC) reacted to the proposed illegal convention in a document captioned: “Press Statement by All Progressives Congress (APC) National Working Committee (NWC),” clearly expressing that the proposed meeting violated the constitution of the APC.

He stated that the first to fifth defendants and those, who projected them, were duly alerted of the illegality of their act yet they persisted in such illegality and wilful disregard of the organic document of the first plaintiff (APC).

Etagbo Eta further stated that the sixth defendant no longer deals with the duly elected executive of the APC, but on the contrary, has recognised the first to fifth defendants in all matters concerning the APC, which contravenes the Constitution of the party.

He added that the first to fifth defendants, up till today are discharging the functions of the National Working Committee of the APC and are parading themselves the party’s CECPC.

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