Justice Inyang Edem Ekwo of the Federal High Court, Abuja, has dismissed a suit seeking removal of Dr Abdullahi Ganduje as the National Chairman of the All Progressives Congress (APC).
The trial judge who threw out the suit held that the APC North Central Group which filed the case is not a juristic person having not been registered in law and therefore has no legal power and capacity to file the suit.
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 and capacity to file the suit.
The Judge also held the plaintiff failed to explore the internal mechanism for peaceful resolution of issues before rushing to the court.
Besides, Justice Ekwo held that appointment of officers for APC by its National Executive Committee is an internal affairs of the party which no court can dabble into.
The Northern Central APC Group had dragged Ganduje, APC and the Independent National Electoral Commission (INEC) before the court praying for nullification of appointment of Ganduje by APC on the ground of gross violations of the party’s Constitution.
Specifically, the North Central APC group claimed that the appointment of Ganduje breached Article 13 of APC Constitution because it was not done through democratic process enshrined in the party’s law.
The plaintiff, the North Central APC Forum led by Saleh Zazzaga, had filed the suit to query the propriety of Ganduje’s appointment as the National Chairman of the APC when he is not from the North Central geo-political zone, whose turn was 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 marked: FHC/ABJ/CS/599/2024, asked the court to, among others, 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 others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political 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 geo- political zone to replace Abdullahi Adamu from Nasarawa State in the North Central geo-political 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 however held that there was no cause of action against the defendants since the plaintiff has no power under any known law to institute any case in any Nigerian court.
