A member of the All Progressives Congress, APC, Mr Charles Ude, on Friday, approached the Federal High Court in Abuja, asking it to bar the Independent National Electoral Commission, INEC, from recognising the former governor of Oyo State, Senator Abiola Ajimobi as the Acting National Chairman of the party.
The plaintiff, who is a legal practitioner, equally prayed the court to restrain INEC from having any dealings with another claimant to the APC National Chairmanship position, Hilliard Eta.
In the suit marked FHC/ABJ/CS/640/2020, the plaintiff contended that Senator Ajimobi lacked the locus standi to pilot the affairs of the party, insisting that he was not validly appointed by the suspended National Chairman of the party, Adams Oshiomhole.
According to the plaintiff who identified himself as card-carrying member of the APC registered at Ward 1, Ameke, Abiriba, Ohafia, Local Government Area of Abia State, Oshiomhole appointed Ajimobi into office at a time his Ward in Edo state had suspended his membership of the party.
He prayed the court to among other things, determine: “Whether having regard to the entirety of the constitution of the 1st Defendant (APC), a suspended member of the 1st Defendant can validly exercise the powers and discharge the functions/duties of the National Chairman of the 1st Defendant?
“Whether in view of the suspension of the 2nd Defendant on the 2nd day of November, 2019 as affirmed by the Nigerian Court of Appeal in Appeal No: CA/A/188/2020 on the 16th day of June, 2020, all the decisions taken by the 2nd Defendant as the National Chairman of the 1st Defendant (during the subsistence of his suspension) is not invalid, null and void and liable to be set aside?
As well as, “Whether in view of the 16th March 2020 decision rendered by the High Court of the Federal Capital Territory, Abuja [Coram: Honourable Justice S.U. Bature] in Suit No. FCT/HC/M/6447/2020, the 3rd Defendant herein to the exclusion of every other person has the legal right to take over the leadership of the 1st Defendant as its National Chairman?”
Upon determination of the questions, the plaintiff, through his lawyer, Mr Francis Obalim, urged the court to declare applied that “in view of the suspension of the 2nd Defendant on the 2nd day of November, 2019 as affirmed by the Nigerian Court of Appeal in Appeal No: CA/A/188/2020 on the 16th day of June, 2020, all the decisions taken by the 2nd Defendant as the National Chairman of the 1st Defendant (during the subsistence of his suspension) is invalid, null and void and liable to be set aside.
“A declaration that in view of the 16th March, 2020 decision rendered by the High Court of the Federal Capital Territory, Abuja [Coram: Honourable Justice S.U. Bature] in Suit No. FCT/HC/M/6447/2020, the 3rd Defendant herein (Victor Giadom), to the exclusion of every other person is the only person in law who can act as the Acting National Chairman of the 1st Defendant.
“An order of this Honourable Court barring the 1st Defendant from allowing any person, howsoever named or described from exercising the functions and powers of its National Chairman (in acting capacity) other than the 3rd Defendant.
“An order of this Honourable Court barring the 4th and 5th Defendants from either laying claim to, holding themselves out as or performing the functions of the National Chairman of the 1st Defendant in acting capacity or engaging in any conduct capable of interfering with the position of the 3rd Defendant as the National Chairman of the 1st Defendant (in acting capacity).
“An order of this Honourable Court directing the 6th, 7th and 8th Defendants to accord recognition only to the 3rd Defendant as the National Chairman of the 1st Defendant (in Acting capacity) and to relate with him in that respect to the exclusion of any other person”.
Cited as 1st to 8th Defendants in the suit are: APC, Oshiomhole, Giadom, Ajimobi, Eta, INEC, the Inspector-General of Police and the Director-General of State Security Service.
More so, the plaintiff, filed a motion on notice wherein he applied for an interlocutory order, “directing all the parties to this suit to maintain the status quo ante bellum pending the hearing and disposal of the Originating Summons.
“An interlocutory order restraining the 6th, 7th and 8th Defendants from dealing, communicating or howsoever recognising any person other than the 3rd Defendant as the National Chairman of the 1st Defendant for any party business or carrying out any duties vested on the Independent National Electoral Commission under the Electoral Act”.
Meanwhile, no date has been fixed for hearing of the suit.
