Some aggrieved members of the All Progressives Congress, in defiance to a threat of expulsion, have headed to court to challenge the conduct of last Saturday’s ward congresses of the party.
A Bauchi State chieftain of the party, Alhaji Sani Sanin Mallam, in an interview in Abuja, on Friday said he and fellow aggrieved members in the state had instituted an action against the party to seek a redress.
Sanin Mallam said, “It is a matter of honour. With all due respect to our party leaders, the court was set up for people who feel cheated to seek redress. We members of the APC in Bauchi State feel cheated by supporters of the governor.
“The APC constitution says where there is no agreement for consensus, members should be allowed to contest for positions in a free and transparent manner.
“We rejected the consensus arrangement but some people sat down somewhere, wrote out names and announced some persons as ward executives, this is not acceptable. As we speak, our lawyers have gone to court to challenge the action.
The APC chieftain said the suit was filed at the Federal High Court, Abuja with suit number FHC/ABJ/CS/841/2021.
The case is between Babaji Abdullahi & six others Versus the All Progressives Congress and five others.
According to Sanin Mallam, parties to the suit will be served on Monday. He confirmed that the aggrieved chieftains’ lawyer, John Mathew, was handling the matter.
When reminded of the decision of the National Executive Committee of the party which ordered party members to withdraw all pending litigation and resist the temptation of instituting fresh ones, he said, “No directive is greater than the constitution.”
When contacted, the National Secretary of the party, Senator John Akpanudoedehe, told Saturday PUNCH, “The party’s position is clear and has remained so. We have processes and procedures which we advise aggrieved members to follow.
“If any member has an issue with the congresses, we will set up an appeal panel, and let such a member approach the panel.
“Like I said before, let me repeat for emphasis, the decision of NEC of December 2020 on this issue subsists. For those who may have forgotten, the resolution states:
‘Pending litigation instituted by members against the party should be withdrawn forthwith, and going forward, no member should institute matters against the party, without exhausting the internal mechanism for conflict resolution, as enshrined in the party’s constitution.
“Consequent upon the above, party members should please note that all activities that may be carried out by persons to put the party and its officers in bad light, before, during and after the congresses should be jettisoned.”
Article 21 (D) of the APC Constitution 2014 (As amended), captioned Punishment of Erring Members, read in part, “(i) The party shall have power to impose the following sanctions on members in accordance with the nature and gravity of their offence: reprimand; censure; fine; debarment from holding party office; removal from party office; suspension from party office and expulsion from the party.”
Another member of the Buni-led Caretaker Committee, Mamman Tahir (SAN), who read excerpts of the Supreme Court judgment in the Ondo State governorship election, said a contrived question over the legitimacy of the committee was settled by last Wednesday’s Supreme Court judgment.
“The judgment has also settled the legality of the National Caretaker and Extraordinary Convention Planning Committee.
“The court has correctly ruled that in line with section 13.3 of the APC Constitution, the National Caretaker and Extraordinary Convention Planning Committee was constituted by the National Executive Council of the APC to act as the National Working Committee.”
However, an Abuja- based legal practitioner and former National Secretary of Labour Party, Kayode Ajulo, in a telephone interview, on Friday said he had high regards for Tahir, whom he described as a learned senior who has distinguished himself over the years.
Ajulo, however, said, “It is not yet uhuru for the APC. The sole and central issue at the Supreme Court in the case of Jegede Vs. Akeredolu is the question of the legitimacy of Mai Mala Buni, a serving governor of Yobe State, appointed to lead a committee with executive duties and the prime consequences of such violation of the constitution, if fully considered.
“This is what Hon. Justice Agim JSC said at page 37 of this lead judgment.
“So, the contention that Governor Mai Mala Buni as Governor of Yobe State has violated Section 183 of the Constitution by holding the office of acting National Chairman of the 2nd Respondent is a very serious one with grave consequences for him and no doubt for the 2nd Respondent (the APC) as well.
“The judicial determination of the issue here would involve the enforcement of the Constitution against him and would certainly affect him personally as I have shown above. It would be unfair to him to try that issue in his absence without joining him as party to the petition.”
