By Seyi Babalola
A Federal High Court in Abuja on Thursday, set June 13 as the hearing date for a petition seeking to prevent Dr Abdullahi Ganduje from acting as the National Chairman of the All Progressives Congress, APC.
Justice Inyang Ekwo set the date so that the parties in the litigation may organize their procedures.
In the complaint titled FHC/ABJ/CS/599/24, the North Central APC Forum sued Ganduje, the APC, and the Independent National Electoral Commission, INEC, as first and third defendants, respectively.
The forum, led by Saleh Zazzaga, equally sought an order directing the INEC not to accord recognition to all actions taken by the APC, including congresses, primaries, and nominations, since Ganduje became APC chairman on August 3, 2023.
The claimant, in the originating summons dated and filed on May 6, contended that Ganduje is occupying the office of the APC chairman illegally, having not been from a state in the North Central Geopolitical Zone.
The claimant further argued that the National Executive Committee, NEC, of APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West Geo-Political Zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central Geo-Political Zone.
The forum argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra-vires the powers of the NEC of the party.
It added that by the true interpretation of Article 31.5(1) of the APC Constitution, 2013 (as amended), the party is bound to comply with the procedure for the replacement of an officer in the event of a vacancy.
Therefore, the group said APC ought to have appointed a member from Nasarawa State in the North Central Geo-Political Zone into the office of the chairman of the party.
The forum asked the court to, among others, declare that by Article 20(1) of the APC Constitution, 2013, Ganduje cannot be appointed as the national chairman other than through a democratically conducted election and that his current occupation of the office is illegal.
When the case was called on Thursday, the claimant’s counsel, Ayuba Abdul, informed the court that the matter was slated for hearing of their motion for substituted service of their processes on Ganduje (1st defendant).
Abdul, however, said he was surprised to see Ganduje’s lawyer in court, having not been served with the court documents.
He told the court that all efforts made by the bailiff to serve the embattled APC chair were unsuccessful.
Justice Ekwo then asked Ganduje’s lawyer, Sanusi Musa, SAN, if he was ready to receive the processes on behalf of his client and he responded in affirmative.
But Abdul said the processes were in the custody of the bailiff.
He, however, acknowledged the receipt of the APC (2nd defendant)’s counter affidavit and a preliminary objection from Ishaka Dikko, SAN, who appeared for the party.
Justice Ekwo subsequently adjourned the matter until June 13 for a hearing of the substantive suit and the preliminary objection.
The judge, who ordered parties to file and respond to all applications in the suit before the next adjourned date, directed that hearing notice be issued to INEC.
