Court Dismisses Suit Seeking Ganduje’s Removal As APC National Chairman
The suit seeking the removal of Dr Abdullahi Ganduje as the National Chairman of the All Progressive Congress has been dismissed by Justice Inyang Ekwo of the Federal High Court in Abuja.
Osun Defender reports that 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.
They prayed for the nullification of Ganduje’s appointment by the APC on the grounds 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.
In his judgment on Monday, Justice Ekwo 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.
Similarly, he 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.
In his judgement, Ekwo 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.
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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.”
