The Federal High Court in Abuja set June 13 for the hearing of a lawsuit that aims to stop Dr. Abdullahi Ganduje from posing as the All Progressives Congress National Chairman on Thursday.
The date was set by Justice Inyang Ekwo to enable the parties to the lawsuit to normalize their procedures.
In the case identified as FHC/ABJ/CS/599/24, the Independent National Electoral Commission, Ganduje, and the APC were sued by the North Central APC Forum as the first, third, and fourth defendants, respectively.
Under the leadership of Saleh Zazzaga, the forum also requested an order for the INEC to refrain from recognizing APC operations, such as congresses, primaries, and nominations, after Mr. Ganduje assumed the position of APC chairman on August 3, 2023.
In the original summons dated May 6, the claimant argued that because Mr. Ganduje was not a resident of a state in the North-Central geopolitical zone, he was unlawfully holding the position of APC chairman.
The claimant further contended that when the APC’s National Executive Committee chose Mr. Ganduje, a native of Kano State in the North-West geopolitical zone, to succeed Senator Abdullahi Adamu of Nasarawa State in the North-Central geopolitical zone, it violated the party’s constitution.
The accurate interpretation of Article 31.5(1) of the APC Constitution, 2013 (as modified) mandates that the party must follow the protocol for replacing an officer in the case of a vacancy, according to the statement stated.
As a result, the group stated that the APC should have chosen a member to fill the position of party chairman who comes from Nasarawa State in the North-Central geopolitical zone.
The forum then asked the court to declare, among other things, that Mr. Ganduje’s current position as national chairman is unlawful and that he cannot be chosen in any other way than through a democratically conducted election as stipulated in Article 20(1) of the APC Constitution, 2013.
Ayuba Abdul, the claimant’s attorney, told the court that the case was scheduled for hearing of their request ex-parte for substituted service of their processes on Mr. Ganduje, the first defendant, when it was summoned on Thursday.
Abdul, who had not received the court filings, expressed surprise at seeing Mr. Ganduje’s attorney present.
He informed the court that the bailiff’s attempts to serve the APC chairman, who is currently under duress, were futile.
Sanusi Musa, SAN, the attorney for Mr. Ganduje, was then asked by Justice Ekwo if he was prepared to accept the processes on behalf of his client, and he gave an affirmative response.
However, Abdul said that the bailiff was in charge of the procedures.
He did, however, confirm receiving the counter-affidavit from the APC (2nd defendant) and the preliminary objection from the party’s representative, Ishaka Dikko, SAN.
Following then, Justice Ekwo postponed the case to June 13 in order to hear the substantive lawsuit and the preliminary objection.
The judge decided that a hearing notice be sent to INEC and asked the parties to file and reply to petitions in the suit before the next postponed date.
In court, the INEC was not represented.
(NAN)
