A high court sitting in the federal capital territory has been asked to issue an injunction, restraining the All Progressives Congress (APC) from holding its upcoming convention.
In a suit filed before the court by one Udo Ibe, the plaintiff, also asked the court to issue a declaration to the Independent National Electoral Commission (INEC) to de-register the party.
The plaintiff asked the court to grant the pleas following the party’s purported breach of its constitution, the 1999 constitution and the electoral act.
Named as first and second defendants in the suit filed on April 26 by Kalu Kalu, Ibe’s counsel, are the APC and INEC respectively.
Ibe accused the party in his ward — Akanu Ohofia In Ohofia local government area of Abia state, of parading an executive committee whose tenure has expired.
The plaintiff sought a declaration from the court that with the expiration of the party’s executive at the ward level, the party did not have the power to conduct a ward or local government congress for the purposes of electing its executive committee and delegates to state congress and national convention.
He prayed the court to declare that in the absence of a lawfully constituted ward/local government congress, the first defendant (the APC) also lacks the lawful capacity to conduct its state congress and national convention for the purpose of electing state and national officers in accordance with its constitution, the 1999 constitution and electoral act.
Ibe, therefore, asked the court to: “Issue a perpetual injunction restraining the second defendant from conducting any ward congress, local government area congress, state congress or the national convention of the first defendant without adhering to the provisions of articles 12 and 13 of its said constitution, the 1999 Constitution and Electoral Act .
“A declaration that in exercise of its powers under section 85(2) of the Electoral Act 2010 the second defendant can only monitor a congress or convention of the first defendant lawfully constituted and not otherwise in accordance with its constitution.
“A declaration that the first defendant ought to be deregistered by the second defendant as provided under section 78 (7) of the electoral act for being in breach of the following conditions of registration as stipulated in the 1999 constitution and the electoral act: Holding periodic election as provided in the constitution in that the first defendant did not conduct a ward or local government congress for the purpose of conducting the business of the ward or the local government before expiration of the ward or the local government area executive committees.
“Running its affairs at the ward or local government levels without the election of an executive committee or any executive at all as the tenure of the elected has expired.”
The defendants are to appear before the court within 42 days after the service of the summons.
Bolaji Abdullahi, spokesman of the ruling party, had not responded to a text message sent by TheCable as of the time this report was filed.