Efforts to conduct a national convention of the ruling All Progressives Congress, APC, might hit the rocks, if the prayer before a Federal High Court in Abuja, seeking to restrain members of the Caretaker/Extraordinary Convention Planning Committee (CECPC) party, from proceeding with plans to hold the event is granted . The CECPC, led by Yobe State Governor, Mai Mala Buni (as the National Chairman), is said to organize the party’s national convention next month (December), to among other things, elect new executive members. The suit, with APC and Ntufam Hilliard Eta listed as plaintiffs, was filed on November 20, 2020 by a team of lawyers led by Onyechi Ikpeazu (SAN).
Listed as defendants are Buni, Senator John Akpan Udoedehe (National Secretary, CECPC), Isiaka Oyetola (member, CECPC), Sani Bello (member, CECPC), Stella Oketete (member, CECPC) and the Independent National Electoral Commission (INEC). The plaintiffs are alleging that the constitution of the APC’s CECPC is unlawful, having been populated by serving state governors, in violation of the Constitution of the country and that of the political party. They want the court to determine whether, having regard to Section 183 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 17 (iv) of the Constitution of APC, it is an illegality and a void act for a person to hold an executive office in government simultaneously with an office in any organ of the APC at any level, in whatever capacity. The plaintiffs want the court to set aside/nullify the appointment and constitution of the first to fifth defendants into a caretaker/extraordinary convention planning committee of the APC.
They also seek an order of perpetual injunction restraining the defendants and their agents “from continuing to hold out, present and or parade themselves as members of the APC’s CECPC or from taking any steps whatsoever as either the National Chairman, National Secretary or members respectively of the CECPC of the APC. The plaintiffs are equally praying the court for an order of perpetual injunction restraining the sixth defendant (INEC) from recognising and or continuing to recognise the first to fifth defendants as constituting the APC’s CECPC. Eta, in a supporting affidavit, stated that the National Working Committee (NWC) of the APC, reacted to the proposed illegal convention in a document captioned: “Press Statement by All Progressives Congress (APC) National Working Committee (NWC),” clearly expressing that the proposed meeting violated the constitution of the APC.
He stated that the first to fifth defendants and those, who projected them, were duly alerted of the illegality of their act yet they persisted in such illegality and wilful disregard of the organic document of the first plaintiff (APC). Eta further stated that the sixth defendant no longer deals with the duly elected executive of the APC, but on the contrary, has recognised the first to fifth defendants in all matters concerning the APC, which contravenes the Constitution of the party. He added that the first to fifth defendants, up till today are discharging the functions of the National Working Committee of the APC and are parading themselves as the party’s CECPC.
