ABUJA – A dissatisfied member of the All Progressives Congress, APC, Mr. Okere Nnamdi, has asked the Federal High Court in Abuja to sack the Chief John Odigie-Oyegun led National Working Committee, NWC, of the party.
The plaintiff, in his suit marked FHC/ABJ/CS/219/2018, prayed the court to compel the Independent National Electoral Commission to reject, cease to recognize and to stop dealing or having any official communications with the Odigie-Oyegun led NWC of the APC, effective from June 1, 2018, having spent the constitutionally allowed tenure of office.
Aside the APC NWC, others the plaintiff asked the court to compel to vacate their offices from June 1, are the State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party.
While APC was sued as the 1st defendant in the suit dated March 2, INEC was cited as the 2nd defendant.
Specifically, the plaintiff urged the court to among other things, determine “Whether or not the National Executive Committee of the All Progressives Congress has the constitutional powers to extend the tenure of the National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the All progressives (APC) by one year or by any day howsoever purported; in view of Section 223 (1) (a) and (2) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and section 85 (3) of the Electoral Act 2010 (as amended).
“Whether or not the purported one year extension of the tenure of John Odigie- Oyegun led the National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the All Progressives Congress by the National Executive Committee (NEC), commencing from June 2018 to June 2019 is illegal, unconstitutional, null and void and of no effects whatsoever; in view of the combined reading of Section 223 (1) (a) and (2) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 85 (3) of the Electoral Act 2010 (as amended).
“Whether or not the NEC of the APC has Te constitutional and statutory powers to alter the provisions of the Constitution of the Federal Republic of Nigeria, by undemocratically and unconstitutionally extending the tenure of its National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party, and purportedly performing the functions of the National Convention of the Party; in view of the combined reading of section 1 (1) and (3) section 223 (1) (a) and (2) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended); section 85 (3) of the Electoral Act 2010 (as amended).
As well as, “Whether or not the National Convention of the APC ever met to delegates and has delegated any of its powers to the National Executive Committee, to warrant the unconstitutional tenure extension of the National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party which is the primary functions of the National Convention; in view of the combined reading of Article 13 and 13 (3) (ii) of the Constitution of the All Progressives Congress 2014 (as amended)”.
Upon determination of the questions, the plaintiff wants an order of the court, “Mandating/Compelling the APC to organize elective National, State, Local Government and Ward conventions of the party in accordance with section 20 of the APC Constitution 2014 (as amended) and section 85 (3) of the Electoral Act 2010 (as amended) for the purpose of electing members of the National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party on or before the expiration of the tenure of the existing officers of the party”.
In his supporting affidavit, Okere, told the court that he is a registered and card carrying member of the APC that registered at Ulakwo, OAU ward of Owerri North, with membership card number 11013379 and has been participating in all programmes and activities of the party.
He told the court that he is aspiring and contesting the Imo State Chairman of the APC slated to hold during the party elective convention in July 2018.
“That the four year tenure of the present National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party will expire in June 2018 and new elective conventions ought to be conducted to elect party leadership at the various levels.
“That on Tuesday 27th of February 2018 the National Executive Committee of the Party met and purportedly usurped the constitutional powers of the National Convention by unconstitutionally extending the tenure of the present National Working Committee, State Working Committee, Local Government Area Executive Committee and Ward Executive Committee of the party which will expire in June 2018”, he further averred. (Vanguard)
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