Featured, Judiciary
By Benprince Ezeh
TEN caretaker committee of the All Progressive Congress, APC, Zamfara state, has sued Governor Mai Mala Buni of Yobe state and National Chairman Caretaker/Extraordinary Convention Planning Committee of the APC to court for alleged removal of duly appointed executives of the APC before the expiration of their tenure.
In the originating summons by the Federal High Court in Abuja, which was issued upon the application of the Plaintiffs by D.C. Enwelum, SAN of Bello Umar & co., Legal Practitioners and dated July 12, 2021, had the APC and Independent National Electoral Commission, INEC, as defendants requested the court to determine that the purported illegality and a void act to dissolve by mere oral announcement at a party rally, for the return of His Excellency Bello Mohammed Matawalle to the party, APC, the state executives, zonal executives, local government executives and ward level executives of the party.
In their question to the defendants, the plaintiff asked: “Whether having regard to Article 17 (1) of the constitution of the APC, the first defendant can singlehandedly and purportedly remove duly appointed executives of the APC at all levels in the state before the expiration of their tenure of four years.
“Whether an act perpetuated in violation of Articles 14.1 (III), (VI) and (VIII) of the constitution of the APC is void ab initio and extinguishing no legal rights whatsoever and thereby does not in any way affects the rights of the plaintiffs to continue to discharge/execute the duties for which they were appointed.
“Whether pursuant to Articles 13.3 (III),14.1 (III) 17.1 of the constitution of the APC, the first defendant can lawfully remove the plaintiffs who were duly appointed by the National Executive Committee of the All Progressives Congress on the 8 December, 2020,” they asked.
The suit in declaration of the plaintiffs, said that the first defendant lacked the vires to singlehandedly and purportedly remove duly appointed executives of the APC at all levels in the state before the expiration of their tenure of four years pursuant to Article 17 (1) of the constitution of the APC.
“That pursuant to Articles 13.3 (III),14.1 (III) 17.1 of the Constitution of the All Progressives Congress, the first defendant lacks the vires lawfully and effectively remove the plaintiffs who were duly appointed by the National Executive Committee of the APC on the 8th December, 2020.
“That by the provisions of Article 14.1 (III), (VI) of the constitution of the All Progressives Congress, APC, the announcement by the first defendant made at a rally welcoming His Excellency Bello Mohammed Matawalle on the 29 June in Gusau, Zamfara State purportedly dissolving all executives and structures at all levels in the Zamfara state and handing same over to his excellency Bello Mohammed Matawalle as the Leader of the Party is null, void and of no effect whatsoever,” the suit reads.
The court, however, filled an order that the 3 Defendant are not to accept or deal with any other state officers of the APC in Zamfara State except the Plaintiffs as duly appointed officers of the APC, Zamfara State pending the conduct of congresses by the APC.
“Setting aside and nullifying the purported announcement made by the 1″ defendant on the 29th June, 2021 to the effect that he has dissolved the executives at all levels of APC in the State and handed same over to His Excellency Bello Mohammed Matawalle as the Leader of the party in Zamfara State,” it reads.
It also stated that if the Defendant does not respond within the time and the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient
July -21, 2021 @ 09:06 GMT | C.E
Tags: All Progressive Congress D.C. Enwelum Governor Mai Mala Buni
