Federal Capital Territory (FCT) High Court has dismissed a suit challenging the legality of the Caretaker /Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress (APC).
Gatekeepers News reports that the Presiding Judge, Justice Y. Halilu in a judgement delivered held that the claimant woefully failed to prove allegations made against the defendants.
The claimant, former Chairman of the Kwara State APC, Bashir Bolarinwa, had last year dragged the party and members of CECPC to court challenging the legality of the committee set up June 25, 2020 as well as his removal as Kwara State APC Chairman.
Bolarinwa also challenged the powers of APC’s National Executive Committee (NEC) to dissolve the Adams Oshiomhole-led National Working Committee in 2020, among other issues.
APC, CECPC Chairman Mai Mala Buni, John Akpanudoedehe, Abubakar Bello, Isiaka Bello, Stella Okotete, Professor Tahir Mamman, Ken Nnamani, Senator Abubakar Yusuf, Hon Akinremi Olaide, Dr. James Lalu, Chief David Lyon, Senator Abba Ali, Ismael Ahmed, and Abdulahi Samario, were the first to 15th defendants, respectively, in the suit.
Among the issues Bolarinwa took to court for determination were: whether the appointment of the 2, 4, and 5 defendants, being serving governors of Yobe, Niger and Osun states respectively, as Chairman and members of CECPC of the APC, was legal and constitutional, having regard to the provisions of Section 183and 223 of the 1999 Constitution.
He said if the question was answered in the negative, whether their appointment was not a gross violation of the constitution.
Claimant further urged the court to determine whether the decision of the APC NEC made on December 8, 2020 to extend the tenure of the CECPC for a period of six months was valid, having regard to Section 183 of the 1999 Constitution and Article 17 of the APC constitution.
Among the declarations Bolarinwa sought from the court was that Buni and the other serving governors’ presence in CECPC was illegal and unconstitutional with regard to Sections 183 and 223 of the constitution. He further called for another declaration that having violated the provisions of Sections 183 and 223 of the constitution, the governors were no longer entitled to Section 308, which guaranteed their immunity from prosecution.
Bolarinwa had sought, “An order nullifying and setting aside the purported ward congresses conducted by the CECPC in Kwara State on July 31, 2021
“An order of perpetual injunction restraining the first to 14th defendants from conducting any other congresses into any office in the APC pursuant to the Notice of Congress issued by the second to 14th defendants or from performing any other functions in their capacities as CEPCC.”
However, after an examination of the case of the claimant, the court came to the conclusion that the, “Contention of the claimant is borne out of the misinterpretation and misconception of the provisions of Sections 183, 223 of the constitution as well as provisions referred to in this case which clearly shows the claimant’s failure to appreciate the essence and purpose of the resolution of the APC’s NEC on June 25, 2020.”
