Justice Inyang Ekwo of the Federal High Court in Abuja dismissed the lawsuit on Monday that sought the removal of Dr. Abdullahi Ganduje from his position as the National Chairman of the All Progressive Congress.
In his ruling, the judge concurred with the preliminary objection raised by the second defendant, who argued for the dismissal of the case on the basis that the claimant lacked the necessary locus standi to bring the suit.
Justice Ekwo supported the preliminary objection of the third defendant, who contended that the entity named by the claimant, the ‘Northern Central APC forum,’ is not a legal entity. He stated that, according to the arguments presented by the third defendant, it was the responsibility of the claimant to provide a certificate of registration from the Corporate Affairs Commission.
The judge noted that the APC group lacked the constitutional authority to bring forth the lawsuit, as they were not officially registered as a political entity and did not possess the legal standing to file the case. Moreover, the judge observed that the plaintiff had failed to use the internal conflict resolution mechanisms available within the party, opting instead to initiate legal proceedings without first exhausting all available alternatives.
Moreover, the judge found that the plaintiff had no legal basis for filing a lawsuit against the defendants, as they lacked the standing to initiate any legal proceedings in any court in Nigeria. The judge emphasized that the appointment of party officers within the APC by its National Executive Committee is an internal matter of the party and not subject to judicial intervention.
Consequently, he discharged the lawsuit, stating, “I hereby dismiss this suit due to the lack of juristic personality of the claimant. The claimant has no locus standi to institute the suit, and I order the striking out of the case for lack of locus standi.”
The North Central APC Forum, under the leadership of Saleh Zazzaga, who is the plaintiff in the case identified as FHC/ABJ/CS/599/2024, is contesting the legitimacy of Ganduje’s appointment as the APC National Chairman, arguing that he does not represent the North Central geopolitical zone.
The plaintiff initiated legal proceedings against Ganduje, the APC, and the Independent National Electoral Commission (INEC), seeking to annul Ganduje’s appointment on the grounds of significant breaches of the party’s Constitution.
In the lawsuit, the plaintiff asserted that the APC National Executive Committee violated the party’s constitution by appointing Ganduje, who hails from Kano State in the North West geopolitical zone, to succeed Senator Abdullahi Adamu from Nasarawa State in the North Central geopolitical zone.
They further claimed that Ganduje’s appointment contravened Article 31.5(1) of the APC Constitution and exceeded the authority of the NEC.
Consequently, the plaintiff sought a court order to prevent Ganduje from continuing to present himself as the APC National Chairman. The plaintiff also requested the court to order the Independent National Electoral Commission not to recognize any actions taken by the APC, including congresses, primaries, and nominations, since Ganduje assumed the role of APC Chairman on August 3, 2023.
In response, the Forum of All Progressives Congress State Chairmen expressed their support for Ganduje through a vote of confidence. A delegation comprising 37 state APC chairmen conveyed this endorsement during a solidarity visit to the party’s secretariat in Abuja.
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