PDP Drags APC to Court over Alleged Unlawful Convention

•Seeks sack of Adamu-led exco, party’s candidates for 2023 polls

Chuks Okocha and Alex Enumah in Abuja

Peoples Democratic Party (PDP) has dragged the ruling All Progressives Congress (APC) before the Federal High Court, Abuja, alleging illegality of the process that produced the current leadership of the party’s National Working Committee (NWC) led by Senator Abdullahi Adamu.

Beside seeking the sack of the Adamu-led executive for emerging through a process that violated both the country’s constitution and the Electoral Act, PDP asked the court to void all steps and actions taken so far by the APC national executive body.

The main opposition party said that its prayers were sequel to a recent judgement of the Federal High Court, delivered on September 30, 2022, which declared as illegal, unlawful and unconstitutional all actions and activities of Governor Mai Mala Buni as Chairman, Caretaker Extraordinary Convention Planning Committee (CECPC) of APC.

The Buni committee midwifed the process that produced the current national executive of APC.

The courts had sacked APC candidates in Rivers State, Adamawa State, Ekiti State, and Osun State due to the fact that the Buni leadership of the party conducted the primary elections in those states.

PDP, in the suit filed by its lawyer, Mr Ayo Ajibade, SAN, therefore, demanded an order of the court disqualifying all candidates of APC for the 2023 general election on the grounds that their nominations by the party under Adamu was done in breach and gross violation of the 1999 Constitution and Electoral Act 2022.

THISDAY gathered that Chief Judge of the Federal High Court, Justice John Tsoho, had assigned the suit, marked FHC/ABJ/CS/1864/2022, to Justice Inyang Ekwo for determination.

The trial judge, it was learnt, had also fixed November 22 for mention of the suit, while directing that all the 53 persons listed by PDP in the suit as defendants be served with hearing notices in their respective locations.

Among the 53 defendants in the court process sighted by our Correspondent on Wednesday were the presidential candidate of APC in the 2023 general election, Bola Tinubu; his running mate, Kashim Shettima; and all APC governorship candidates and their deputies. Also included were all senatorial and House of Representatives candidates of the party in the 2023 polls.

The plaintiff prayed the court to make an order disqualifying the APC candidates because their nominations violated the provisions of the constitution and Electoral Act.

Speaking on the case, National Publicity Secretary of PDP, Debo Ologunagba, declared that by Section 183 of the 1999 Constitution, as amended, “No governor is expected to hold any other executive position, as Governor Mai Mala Buni did as the APC interim chairman

“APC cannot legitimately field candidates for 2023, as no governor can combine two executive positions. The Federal High Court has ruled in the judgement of the court that Session 183 of the Constitution of the Federal Republic of Nigeria, as a sitting governor, and I quote, ‘A governor shall not, during when he holds office, hold any other executive office, in any capacity whatsoever’.

“He was purported to have been chairman for the APC Caretaker Extra-Ordinary Convention Committee, which was amorphous in law, it is unknown, a body that is foreign to the constitutions of both the APC and Nigeria and in that position, he is a serving governor. Mai Mala Buni, the Yobe State governor attempted or pretended to have been chairman, and in that position.

“If those who pretended or attempted to create an NWC are illegal, then they can’t give anything. The Mai Mala Buni committee has been declared by a court of competent jurisdiction to be an illegal contraption. And this way, issues well canvassed in the celebrity case of Eyitayo Jegede versus INEC and Akeredolu and they were celebrated in that judgement.

“Particularly, in the Court of Appeal, the law stated that any violation of any provision of the constitution is fatal. If there is a violation of Section 43, like APC and Mai Mala Buni have done, it is fatal with heavy consequences and that’s why APC is rattled. Today, there is illegality and the fact is that there is no legitimacy of the whole process that they had.”