Barely 24 hours to the scheduled national convention of the ruling All Progressive Congress, APC, the opposition Peoples Democratic Party, PDP, on Friday, approached the Federal High Court sitting in Abuja, praying it to invalidate the outcome of the convention.
PDP, in the suit marked FHC/ABJ/CR/389/2022, equally urged the court to restrain the Independent National Electoral Commission, INEC, from recognizing, communicating with, dealing with or having any business whatsoever with the APC as a registered political party.
Cited as 1st to 5th Defendants in the matter, are; INEC, All Progressive Congress, APC, Registered Trustees of APC, All Progressives Congress Caretaker/Extraordinary Convention Planning Committee (CECPC), National Chairman, APC Caretaker/Extraordinary Convention Planning Committee.
Specifically, PDP, is praying the court to determine; “Whether upon a consideration of section 223(2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as altered, the leadership of the 2nd Defendant (APC) can be made up of only 13 members as presently constituted by the 4th Defendant and forwarded/registered with the 1st Defendant, and if answered in the negative, whether the 2nd Defendant has any valid leadership, properly so called, forwarded/registered with the 1st Defendant in compliance with section 222(1) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) and whether any act done by the said leadership is valid and founded in law.
“If the answer to the 2nd and 3rd legs of the issue in paragraph 1 above is further in the negative, whether the 2nd Defendant is not liable to be de-registered as a political party pursuant to sections 222 (a), 223 (2) (b) and 225 (a) of the 1999 constitution of the Federal Republic of Nigeria (as altered)”.
Upon determination of the legal questions, PDP, prayed the court for; “A declaration that by the express provisions of section 223 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as altered), the leadership of the 2rd Defendant cannot be made up of only 13 members as presently constituted by the 4th Defendant and forwarded/registered with the 1st Defendant.
“A declaration that the 2nd Defendant has no valid leadership, properly so called, forwarded/registered with the 1st Defendant in compliance with section 222(1) of the 1999 Constitution of the Federal Republic of Nigeria (as altered).
“A declaration that all the prior actions and subsequent actions undertaken by the 2nd, 3rd, 4th and 5th Defendants are null and void and of no effect whatsoever.
“A declaration that the 2nd Defendant is liable to be de-registered by the 1st Defendant as a political party pursuant to section 222 (a), 223 (2) (b) and 225A of the 1999 Constitution of the Federal Republic of Nigeria, as altered.
“An order de-registering the 2nd Defendant as a political party having failed to meet the requirements of section 222(a), 223 (2) (b) and 225 of the 1999 Constitution of the Federal Republic of Nigeria, as altered.
As well as, “An order of perpetual injunction restraining the 1st Defendant, either by itself or through its officers, employers, assigns, privies or agents from recognizing, communicating with, dealing with or having any business whatsoever with the 2nd Defendant as a registered political party”.
Meanwhile, no date has been fixed for hearing of the suit.
