THE Federal High Court in Abuja has dismissed the suit seeking to remove the former governor Abdullahi Ganduje as the National Chairman of the All Progressive Congress (APC).
The presiding judge, Inyang Ekwo, sided with the third defendant’s preliminary objection, which argued that the “Northern Central APC Forum” the claimant used wasn’t a registered entity.
Ekwo, in his judgment, held that based on the arguments of the 3rd defendant, the onus rested on the claimant to present a certificate of registration from the Corporate Affairs Commission.
According to the judge, the APC group lacks the juristic personality necessary to bring the lawsuit since it has not been officially registered with the government, and as a result, it lacks the legal authority and capacity to do so.
The judge argued further that the plaintiff had not explored the political party’s internal procedures for peaceful dispute resolution before appearing in court.
Furthermore, he ruled that there was no basis for bringing legal action against the defendants because the plaintiff lacked the authority to file a case in any Nigerian court under any known legal system.
Furthermore, he stated that the APC’s National Executive Committee’s appointment of officers is an internal matter that the party cannot discuss in court. Consequently, he dismissed the case.
“The claimant has no locus standi to institute the suit and I make an order striking out the suit for lack of locus standi.
“The subject matter is an internal affair of the political party, I hereby strike out the suit for lack of locus standi,” the judge stated.
The plaintiff in the case with the number FHC/ABJ/CS/599/2024, who is chairman of North Central APC Forum, Saleh Zazzaga, is contesting the validity of Ganduje’s nomination as the APC national chairman claiming Ganduje did not hail the North-Central geographical zone and shouldn’t be the party of the APC.
Zazzaga had sued Ganduje, the APC, and the Independent National Electoral Commission, (INEC) before the court, praying for nullification of Ganduje’s appointment by the APC on the ground of gross violations of the party’s Constitution.
In the lawsuit, the plaintiff said that the appointment of Ganduje, a native of Kano State in the North West geopolitical zone, to succeed Abdullahi Adamu of Nasarawa State in the North-Central geographical zone, was a violation of the APC constitution by the APC National Executive Committee. (NEC).
They added that Ganduje’s appointment to succeed Abdullahi went against Article 31.5(1) of the APC constitution and went beyond the authority of the party’s NEC.
The plaintiff therefore filed a lawsuit in order, among other things, to prevent Ganduje from continuing to parade himself as the national chairman of the APC.
Additionally, the plaintiff requested that the court issue an order instructing mandating INEC to refrain from recognising any APC proceedings, such as congresses, primaries, and nominations, since Ganduje assumed the position of APC chairman on August 3, 2023.
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A reporter with the ICIR
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