A head of the Congress of All Progressives (APC), Kalu Agu, asked a Superior Court of the Federal Capital Territory (FCT) on Friday for a perpetual injunction order preventing APC from going ahead with its district congress planned for the Saturday. July 31, as well as subsequent Congresses of Local Government, State, Zone and National Convention of the party.
Agu in the lawsuit marked as CV / 1812/2021, dated July 29 and filed on July 30, 2021, also asks the court to declare null and void the APC congresses and conventions held under the current national president interim of the APC Oversight Committee. , Mai Mala Buni.
The lawsuit filed by their lawyer, Ukpai Ukairo, has APC and Mai Mala Buni as the first and second defendants respectively.
The plaintiff in the lawsuit claims that the second defendant was never elected in any congress to direct the affairs of the APC and that the party’s Constitution does not allow any person holding an executive position to hold any position in any of its organs.
In a 38-paragraph affidavit submitted in support of the lawsuit, the plaintiff stated that Buni “is being sued solely in his capacity as henchman of the usurpers of the functions of the organs and elected officials of the first defendant and as a representative of the other usurpers. of the functions of the organs and elected officials of the first accused ”.
Agu, who revealed that he intends to compete for the position of National Legal Advisor of the APC during the party’s next convention, said that his interest “would be affected by the conduct of a congress supervised by Buni, who is acting governor. of the state of Yobe and also in the performance of the functions of elected National President and of the National Work Committee of the first accused ”.
While affirming that APC does not have an elected neighborhood congress and that Buni is not elected either, the declarant added that “some people who do not know the industry are determined to join and appoint themselves as a neighborhood executive committee, thus excluding him from the process. of competing for said position. “
Among the questions it wants the court to determine are: “whether the APC can hold a ward congress when there is no elected APC ward executive committee.”
In addition, he wants the court to determine whether the APC can legally hold a neighborhood congress, local government congress, state congress, zonal congress, national convention for the election of officials at the various levels of the APC structure established by the constitution of the APC. APC for its administration when it has usurpers of the functions of the organs and elected officials of the APC who are not elected in accordance with the Constitution of 1999, the Electoral Law and the Constitution of the APC.
He argued that if the answers to the questions are negative, if the court can prevent the defendants from proceeding with the election process of any APC official or if the court can annul any decision, action, proceeding or notification. adopted by the APC for the updating of the ward, local government, state and zone congresses and the National Convention for the election of APC officials.
He wants the court to declare, “that the District Congress set by the Defendants to hold on Saturday, July 31, 2021, the subsequent Local Government Congress, State Congress, Zone Congress, and National Convention for the purpose of electing the district, The members of the Executive Committee of the Local, State, Zonal and National Government of the first Defendant are null and void due to one or a combination of the following:
“Under the Constitution of the First Defendant, only a Ward Executive Committee can convene a Ward Congress, and currently, the First Defendant does not have a Ward Executive Committee in any of Nigeria’s neighborhoods.
“The first defendant is currently being administered by an unelected USURPERS in which the second defendant is his henchman.
“The second defendant is the Governor of Yobe State and, according to section 183 of the 1999 Constitution, he cannot hold an executive position in addition to the position of CEO of any other body.”
He requested AN ORDER of injunction to annul any decision, act, step, notification taken or issued for the purpose of holding any congress of the neighborhood, local government, state, zone or national convention of the 18 defendants aimed at the election of officials of the 1! Defendant at any level of the political structure in Nigeria created by the Constitution of the 1st Defendant.
However, no date has been set for the hearing of the lawsuit.
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