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Court dismisses suit seeking Ganduje’s removal as APC chair

By Ameh Ochojila, Abuja
23 September 2024   |   11:05 am
Justice Inyang Edem Ekwo of the Federal High Court sitting in Abuja has dismissed a suit seeking the removal of Dr. Abdullahi Ganduje as the National Chairman of the All Progressives Congress (APC). The suit, instituted against Ganduje by the APC North Central Group, was thrown out on Monday by the judge on various grounds.…
Dr. Abdullahi Ganduje
Dr. Abdullahi Ganduje

Justice Inyang Edem Ekwo of the Federal High Court sitting in Abuja has dismissed a suit seeking the removal of Dr. Abdullahi Ganduje as the National Chairman of the All Progressives Congress (APC).

The suit, instituted against Ganduje by the APC North Central Group, was thrown out on Monday by the judge on various grounds.

Among others, Justice Ekwo held that the APC North Central Group is not a juristic person, having not been registered in law, and therefore has no legal power or capacity to file the suit.

The judge also held that the plaintiff failed to explore the internal mechanisms for peaceful resolution of issues before rushing to the court.

Additionally, Justice Ekwo ruled that the appointment of officers for APC by its National Executive Committee is an internal affair of the party, which no court can interfere with.

The Northern Central APC Group had dragged Ganduje, the APC, and the Independent National Electoral Commission (INEC) before the court, praying for the nullification of Ganduje’s appointment by APC on the grounds of gross violations of the party’s constitution.

Specifically, the North Central APC group claimed that the appointment of Ganduje breached Article 13 of the APC constitution because it was not done through the democratic process enshrined in the party’s law.

The plaintiff, the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to question the propriety of Ganduje’s appointment as the National Chairman of the APC, arguing that he is not from the North Central geopolitical zone, which was supposed to fill the position.

In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC, and the Independent National Electoral Commission (INEC) as the 1st to the 3rd defendants, respectively.

The plaintiff, in the suit, asked the court to, among other things, restrain Ganduje from further parading himself as the chairman of the APC.

It also prayed the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries, and nominations, since Ganduje became APC Chairman on August 3, 2023.

The plaintiff contended, among other things, that Ganduje is occupying the office of the APC chairman illegally, as he is not from a state in the North Central geopolitical zone.

It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geopolitical zone, to replace Abdullahi Adamu from Nasarawa State in the North Central geopolitical zone.

It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 13.5(1)f of the APC constitution and ultra vires the powers of the NEC of the party, among other prayers.

Justice Ekwo, while dismissing the suit, held that there was no cause of action against the defendants since the plaintiff had no power under any known law to institute any case in any Nigerian court.

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