Justice Inyang Ekwo, of the Federal High Court in Abuja, on Monday, dismissed the suit seeking the removal of Dr Abdullahi Ganduje, as the National Chairman of the All Progressive Congress.
In his judgment, he agreed with the preliminary objection of the 2nd defendant, who prayed the court to strike out the suit on the grounds that the claimant does not have the required locus standi to institute the suit.
The judge also agreed with the preliminary objection of the 3rd defendant, who argued that the name the claimant had sued in the ‘Northern Central APC forum’ is not a registered body.
Ekwo, in his judgment, held that based on the contentions of the 3rd defendant, “the onus rests on the claimant to present a certificate of registration from the Corporate Affairs Commission.
However, Justice Ekwo held that the APC group lacks the juristic personality to institute the suit having not been registered in law and therefore has no legal power and capacity to file the suit.
The justice also said that the plaintiff failed to explore the internal mechanism of the political party for peaceful resolution of issues on the subject matter before approaching the court.
Additionally, he 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, while he added that the appointment of officers for APC by its National Executive Committee is an internal affair of the party, which no court can dabble into.
He hence proceeded to dismiss the suit.
He said, “I hereby dismiss this suit for lack of juristic personality of the claimant.
“The claimant has no locus standi to institute the suit and I make an order striking out the suit for lack of locus standi.
“The subject matter is an internal affair of the political party, I hereby strike out the suit for lack of locus standi.”
The North Central APC Forum, led by Saleh Zazzaga, who is the plaintiff in the suit marked: FHC/ABJ/CS/599/2024, is challenging the propriety of Ganduje’s appointment as the APC National Chairman when he is not from the North Central geopolitical zone.
The plaintiff had sued Ganduje, the APC, and the Independent National Electoral Commission, INEC, before the court, praying for nullification of Ganduje’s appointment by the APC on the ground of gross violations of the party’s Constitution.
The plaintiff, in the suit, contended that the APC National Executive Committee breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geopolitical zone to replace Senator Abdullahi Adamu from Nasarawa State in the North Central geopolitical zone.
They further argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) of the APC Constitution and ultra vires the powers of the NEC of the party.
The plaintiff, therefore, approached the court to, among others, bar Ganduje from further parading himself as the APC National Chairman.
The plaintiff also asked the court to issue an order directing the Independent National Electoral Commission 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 Forum of All Progressives Congress State Chairmen passed a vote of confidence on Ganduje.
The delegation of 37 state APC chairmen gave the endorsement during a solidarity visit to the secretariat of the party in Abuja.