The North Central All Progressives Congress (APC) Forum has revealed that the National Chairmanship position occupied by Abdullahi Ganduje is illegal and could incur legal and unwanted liabilities for the party.
This was made known yesterday by the forum’s counsel, Ayuba Abdul, after filing a suit before a Federal High Court in Abuja challenging Ganduje’s appointment to replace Abdullahi Adamu (who is from the North Central state of Nassarawa) in 2023.
In the suit, the claimant is the North Central APC Forum and has Dr Abdullahi Umar Ganduje, the APC itself and the Independent National Electoral Commission (INEC) as the first, second and third defendants respectively.
The suit which is asking the court to set aside Ganduje’s appointment as the APC National Chairman, alleged that there is failure on the part of the APC to comply with the procedure laid down by the party’s constitution.
It added that the position ought to remain in the North Central region.
Part of the Forum’s prayers are: “A declaration that by virtue of Article 7 (ix) and (x) of the Constitution of the All Progressives Congress, 2013 as amended, the 2nd defendant is bound to promote and uphold the practice of internal democracy at all levels of the party organisation and institutionalise, maintain and foster representative democracy, discipline and strict observance of the rule of law in the Federation of Nigeria.
“A declaration the 2nd defendant does not have any discretion on whether or not to abide by the clear and unambiguous provisions of the Constitution of the All Progressives Congress (APC) 2013 (as amended) and are consequently bound to abide by the provision of the All Progressives Congress 2013 (as amended);
“A declaration that by the provisions of Article 13 of the APC constitution 2013 (as amended), the National Convention of the party is the final authority of the party which has the power to inter-alia elect or remove National Officers of the party including the National Chairman of the party and the National Executive Committee of the 2nd defendant does not have the power to appoint any person to the office of the chairman of the 2nd defendant.
“A declaration that by the true interpretation of Article 31.5(1) of the APC. Constitution 2013 (as amended), the 2nd defendant is bound to comply with the procedure laid therein for the replacement of an officer in the event of a vacancy and ought to appoint a member from Nasarawa State in the North Central Geo- political zone into the office of the Chairman of the 2nd defendant.
“A declaration that the action of the National Executive Committee to appoint Dr. Abdullahi Umar Ganduje from Kano State in the North West Geo- Political Zone to replace Senator Abdullahi Adamu from Nasarawa State in the North Central Geo-Political Zone is contrary to Article 31.5.(1) for the National Executive Committee of the 2nd Defendant and ultra vires the powers of the National Executive Committee of the 2nd defendant.
“A declaration that by Article 13(1) of the APC Constitution, the National Convention is the final authority of the All Progressives Congress and the National Executive of the 2nd defendant cannot override the National Convention of the party by virtue of the true intendment and interpretation of Articles 12(1) and 13.3 (i-iv) of the All Progressives Congress constitution
“A declaration that by a true intendment and interpretation of Article 20 (1) of the Constitution of the All Progressives Constitution, 2013 as amended, the 1 defendant cannot be appointed as the National Chairman of the 2nd defendant other than through democratic conducted elections and his appointment thereto is illegal, void and of no effect whatsoever.
“An order setting aside the appointment of the 1st Defendant as the chairman of the 2nd defendant same having not followed duly laid down procedures of the 2nd defendant as enshrined in the 2nd defendant’s constitution.
“An order directing the 3rd defendant not to recognize all actions taken (including but not limited to party congresses, primaries and nominations) by the 2nd defendant during the tenure of chairmanship of the 1st defendant from 3 August, 2023 till date, same being actions done under an illegal chairman.
“An order directing the 3 defendant to compel the 2nd defendant to conduct a fresh convention for the sake of electing a National Chairman or appoint another National Chairman from Nasarawa State from the North Central Geo-political zone in line with Article 31.5(i) of the Constitution of the All Progressives Congress, 2013 (as amended).”
