On June 13, a Federal High Court in Abuja is scheduled to consider a lawsuit aimed at preventing Dr. Abdullahi Ganduje from posing as the All Progressives Congress (APC) National Chairman.
Judge Inyang Ekwo set the date so that the parties to the lawsuit could get their procedures in order.
The truth reports that the North Central APC Forum, in the suit marked: FHC/ABJ/CS/599/24, had sued Ganduje, APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants, respectively.
The forum, led by Saleh Zazzaga, equally sought an order directing the INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC chairman on August 3, 2023.
The claimant, in the originating summons dated and filed on May 6, contended that Ganduje is occupying the office of the APC chairman illegally, having not been from a state in the North Central Geopolitical Zone.
The claimant further argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West Geo-Political Zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central Geo-Political Zone.
The forum argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party.
According to the accurate interpretation of Article 31.5(1) of the APC Constitution, 2013 (as amended), it further stipulates that the concerned party must adhere to the established procedure for choosing an alternate officer in the event of a vacancy.
Therefore, the group said APC ought to have appointed a member from Nasarawa State in the North Central Geopolitical Zone into the office of the party’s chairman.
The forum then requests that the court rule, among other things, that Ganduje’s current position as national chairman is unlawful and that he cannot be appointed in any other way than through a democratically conducted election in accordance with Article 20(1) of the APC Constitution, 2013.
When the case was called on Thursday, the claimant’s counsel, Ayuba Abdul, informed the court that the matter was slated for hearing of their motion ex-parte for substituted service of their processes on Ganduje (1st defendant).
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Abdul, however, said he was surprised to see Ganduje’s lawyer in court, having not been served with the court documents.
He told the court that all efforts made by the bailiff to serve the embattled APC chair were unsuccessful.
Then, Sanusi Musa, SAN, the attorney for Ganduje, was asked by Justice Ekwo if he was prepared to accept the processes on behalf of his client. He said that he was.
But Abdul said the process was in the custody of the bailiff.
He, however, acknowledged the receipt of the APC (2nd defendant)’s counter affidavit and a preliminary objection from Ishaka Dikko, SAN, who appeared for the party.
Justice Ekwo subsequently adjourned the matter until June 13 for a hearing of the substantive suit and the preliminary objection.
The judge, who ordered parties to file and respond to all applications in the suit before the next adjourned date, directed that a hearing notice be issued to INEC.
INEC was not represented in court.
