APC crisis: APC moves to expel Lukman over alleged anti-party activities

The crisis rocking the ruling All Progressives Congress (APC) deepened at the weekend, following moves to expel National Vice Chairman (North West), Dr. Salihu Lukman, over alleged anti-party activities.

APC’s National Legal Adviser, Ahmad Usman El-Marzuq, has drawn the attention of National Chairman, Senator Abdullahi Adamu, on the need to take such punitive measure against Lukman, when the National Working Committee (NWC) meets on Wednesday.

In his “legal opinion” dated April 28, 2023, El-Marzuq argued that Lukman breached the party’ constitution by dragging Adamu and National Secretary, Senator Iyiola Omisore, to court.

Lukman had, last week, approached an Abuja High court to, among others, compel the Adamu-led NWC to render account of over N30 billion spent within the last one year.

El-Marzuq said he had painstakingly gone through the reliefs sought and the affidavit in support of the plaintiff’s originating summons with a fine-tooth comb, and it was his view that the suit borders mainly on internal or domestic affairs of the party, which have been held in a plethora of decided cases to be non-justiciable.

He said: “In the case of Waziri v. PDP & Anor (2022) LPELR-58803 (CA), it was held thus: “It is settled law that no court has the jurisdiction to hear and determine complaints or matters pertaining to intra-party disputes of political parties. It has long been settled by the Supreme Court in Onuoha v. Okafor & Ors. (1983) 14 NSCLR 494 at 499 – 507 that, where the relief sought is on leadership of or intra-party dispute between members of the same political party or between a member or/and the political party, only the party can resolve the dispute.

“This is because a political party is a voluntary organisation or association. Persons join political parties of their own choice. Therefore, where there is any internal disagreement, it must be resolved by a majority decision of the members. That being so, any dispute over its internal affairs is not justiciable and no court has jurisdiction to entertain any claim on such dispute.”

Citing several other cases, El-Marzuq said issues bordering on the management of political parties have equally been held to be outside the jurisdiction of the courts.

He said in the affidavit in support of the originating summons, Lukman made heavy weather about the fact that the meeting of the National Executive Committee (NEC) ought to be held every quarter, in accordance with provisions of the party’s constitution and that the failure to do has greatly affected smooth administration of the party.

“However, a cursory look at Article 25.2 (i) of the party’s constitution would reveal that it is not mandatory to convene a meeting of the NEC every quarter, as postulated by the plaintiff, rather it is at the discretion of the NWC or at the request in writing by one-third of the members of the NEC.”