Kogi APC: Court Nullifies Delegates’ List for Nomination of Guber Candidate
Alex Enumah in Abuja
Justice James Omotosho of a Federal High Court, Abuja on Wednesday voided the Kogi State All Progressives Congress’ (APC’s) Ward and Local Government Congresses for the selection of its governorship candidate in the forthcoming governorship election in the state.
Justice Omotosho based his decision on the grounds that the said congresses held on February 7, this year were not conducted in compliance with the Electoral Act 2022, and the Constitution of the APC.
In his judgment in the suit instituted by a group of aggrieved APC members led by Realwan Okpanachi, Justice Omotosho also barred the Independent National Electoral commission (INEC) from according recognition or using the unlawful delegates’ list for the purpose of selecting the APC’s governorship candidate in the governorship election billed for November.
Meanwhile, the court has ordered the APC leadership to conduct fresh congresses that would be in line with Section 84 of the Electoral Act, 2022 and Section 13 of the party’s constitution.
The judge agreed with the plaintiffs that the APC in Kogi state failed to conduct Ward and Local Government congresses as stipulated by relevant provisions of the law.
Among others, the Judge agreed with the counsel to the plaintiffs, Chief Ogwu Onoja (SAN), that the APC breached Section 84 of the Electoral Act and Section 13 of its own constitution by concocting purported list of delegates and submitting same to INEC without the knowledge of registered members of the party in the state.
According to the judgment, APC failed to disclose the venues and time where the purported Ward and Local Government congresses were held and also failed to show the report of INEC officials that purportedly monitored the elections.
Similarly, Justice Omotosho held that the APC failed to produce the result sheet to show the scores recorded by the participants in the purported Ward and Local Government congresses.
Besides, the judge noted that the major document put at the disposal of the court to justify the conduct of the purported February 7 congresses, did not contain a single name of any human being but signatures of imaginary participants at the purported congresses.
With the absence of names on the documents, the judge held that the exhibit was worthless, adding that no probate value can be attached to it because it runs foul of Section 133 of the Evidence Act.
The court therefore ordered APC to conduct special Ward and Local Government congresses in line with the provisions of the relevant laws, especially Section 84 of the Electoral Act and Section 13 of the APC’s Constitution.
Earlier, the judge dismissed the preliminary objections raised by APC that the court has no jurisdiction to entertain the suit and that the plaintiffs have no locus standi to file it, while at the same time insisted that the cause of action was its internal affairs.
Justuce Omotosho, while dismissing the preliminary objection, held that APC must conduct its affairs in accordance with the laws, adding that impunity as exhibited in the instant case, will lead to anarchy.
The judge also dismissed the claims of the APC that the plaintiffs are not its members but parading old membership cards, adding that the party ought to have made its membership register available to the court to dispute the membership claim of the plaintiffs.
The plaintiffs in the suit with number FHC/ABJ/CS/329/2023 are Realwan Okpanachi, Yahaya Nuhu, Omaonu Arome, Mustapha Idoko, Aku Goodman and Abu Onechiojo, while APC and INEC are first and second defendants respectfully.
