ahead of the Congress of all progressives At the APC national convention on Saturday, the Peoples’ Democratic Party (PDP) has asked a Federal High Court in Abuja to declare the planned exercise unconstitutional and illegal.
The PDP, in a lawsuit marked FHC/ABJ/CS/389 2022, also sought an injunction to cancel APC’s registration as a political party for failing to meet the requirements of Sections 222(a), 223(b) and 225 of the Nigerian Constitution.
The party, in the lawsuit dated March 25 and filed by its attorney, Samuel Irabor, listed the Independent National Electoral Commission (INEC), the APC, the registered trustees of the APC, and the Extraordinary Convention Planning Committee/Caregiver. (CECPC).
Others are the chairman of the APC Caretaker/Extraordinary Convention Planning Committee as defendants 1 to 5 respectively.
In the lawsuit, the PDP also asked the court for a perpetual injunction order prohibiting the INEC from recognizing, communicating, dealing, or having any kind of business with APC as a registered political party.
The party claimed that through a certified true copy of the INEC list of the current APC executive committee, the party is being run by a 13-member executive committee.
The PDP said this contravenes section 223 of the Nigerian Constitution which states that the executive committee or governing body of a political party must come from two-thirds of Nigeria’s 36 states, which is mathematically 24.
Prayers
The PDP urged the court to declare null and void all previous acts of the Mala Buni-led interim committee that led to the institution of the lawsuit, as well as all subsequent acts, including the March 26 convention.
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The PDP prayed that INEC would order the deregistration of APC pursuant to Section 225A of the 1999 constitution.
In the summons of origin filed pursuant to Order 3, Rule 6 of the Federal Superior Court Rules, the party urged the court to determine “whether after calm consideration of Section 223(2)(b) of the Constitution of 1999, the leadership of the APC (second defendants) can be composed of only 13 members as it is currently constituted by the president of the CECPC and referred/registered with the first defendant (INEC).
“And if the answer is negative, if the APC has any valid leadership so called, sent/registered with the INEC in accordance with Section 223 (1) of the 1999 Constitution and if any act carried out by said leadership is valid and founded in law.
” If the answer to the second and third part of the question in the preceding paragraph is also in the negative, if the APC is not subject to deregistration as a political party pursuant to Sections 222(a), 223(2) ( b) and 225 (A) of the 1999 Constitution.”
It requested “a declaration that by the express provisions of Section 223 (2) (b) of the 1999 Constitution, the leadership of the APC cannot be composed of only 13 members as it is currently constituted by the president of the CECPC and submitted / registered with INEC.
“Declaration of nullity and nullity of all previous and subsequent actions carried out by the defendants.”
The matter had not yet been assigned to a judge at the time the story was filed. (NAN)