A former national chairmanship aspirant of the All Progressives Congress, APC, Mohammed Saidu-Etsu, has filed a suit seeking the nullification of the appointment of Abdullahi Ganduje as the national chairman of the APC by the National Executive Committee, NEC of the party.
In a suit filed at the FCT High Court Abuja on Friday, Mr Etsu asked the court to declare the appointment illegal, patently unconstitutional, null, and of no effect.
He urged the court to grant injunction restraining Mr Ganduje from parading or representing, or holding out himself as the national chairman of the APC in any form or guise, whatsoever.
The plaintiff also seeks the nullification of all actions taken by Mr Ganduje since assumption of office in August 3, 2022.
He said, going by the constitution of the APC, a national chairman can only emerge through a democratic election held at the National Convention of the Party.
According to the suit filed by his counsels, J. Obono-Obla and M.M. Aggrey, the plaintiff asked the court to determine, among others, whether the appointment,” is in tandem with Article 14.2[ii] for the National Executive Committee of APC on 3rd August, 2023, to appoint Dr Abdullahi Umar Ganduje, who is from the North West Geopolitical Zone of the country, to act as National Chairman of the APC, after the then APC National Chairman, Senator Abdullahi Adamu, resigned his position as APC National Chairman?.
“Whether, by a true interpretation and intendment of Article 13 of the APC Constitution 2013 [as amended], the National Executive Committee of the APC has any modicum or scintilla of power to appoint a National Chairman of the APC?
“Whether, by the true interpretation and intendment of Article 31.5 of the APC Constitution 2013 [As amended], the 2nd defendant is not bound to comply with the procedure laid therein for the replacement of a national/zonal officer in the event of a vacancy?
“Whether the national executive committee of the APC can override the national convention of the party by virtue of the true intendment and interpretation of Articles 12 [1] and 13.3 [i vii] of the APC constitution?”
The suit with number CS/2258/24 has Mr Ganduje, the All Progressives Congress, the national executive committee, and the national working committee as the first, second, third, and fourth defendants.
The plaintiff said the originating summons was brought pursuant to Order 3 Rules 4 and 5[a] of the FCT High Court.
They prayed the court to grant “an order setting aside the appointment of Dr Abdullahi Umar Ganduje by the 3rd defendant as the national of the APC on 3rd August, 2023, on the ground that the 3rd defendant failed, refused and or neglected to comply with the procedure laid down by Article 31.5 of the APC Constitution [supra].
“A declaration that the national executive committee of the APC has no modicum or scintilla of power to appoint Dr Abdullahi Umar Ganduje on 3rd August, 2023, as the national chairman of the party.
“A declaration that the national chairman of the APC, by virtue of Article 20 of the APC constitution, can only emerge through a democratic election held at the National Convention of the Party;
“A declaration that by a true interpretation and intendment of Article 14.2 [ii] of the Constitution of the All Progressives Congress 2013 [as amended], the acting chairman of the APC after the resignation of Senator Abdullahi Adamu from office as National Chairman, must be someone from his geopolitical zone of the country, which is the North Central Geopolitical zone, not someone from the North West Geopolitical Zone of the country, where the 1st Defendant comes from;
“A declaration that the assumption into the office of the national chairman of the APC by Dr Abdullahi Umar Ganduje on the 3rd day of August, 2023, after the resignation from the office of national chairman of APC by Senator Abdullahi Adamu, is illegal, wrongful, and patently unconstitutional, null and void, and of no effect.
“A declaration that the appointment of Dr Abdullahi Umar Ganduje as the national chairman of the APC by the national executive committee of the APC on the 3rd day of August, 2023, is illegal, wrongful, null and void, and of no effect.
“A declaration that all the actions and measures or decisions taken by the National Working and National Executive Committees presided over by Dr Abdullahi Umar Ganduje from 3rd August, 2023, when he purportedly assumed office as National Chairman of the APC, are illegal, wrongful, void and of no effect whatsoever;
“An order of injunction restraining Dr Abdullahi Umar Ganduje from parading or representing, or holding out himself as the National Chairman of the APC in any form or guise, whatsoever.
“An injunction restraining or prohibiting Dr Abdullahi Umar Ganduje from presiding over the National Executive and National Working Committees, respectively, or any other organ of the APC.”
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