Just as the ruling All Progressive Congress, APC, in Nigeria prepares to conduct its national convention to elect the national officers of the party, the opposition Peoples Democratic Party, PDP, on Friday, approached the Federal High Court in Abuja with prayers to annul the outcome of the convention.
Marked FHC/ABJ/CR/389/2022, the suit equally urged the court to restrain the Independent National Electoral Commission, INEC, from recognizing, communicating or dealing with and not to have anything to do with the APC in the name of a registered political party.
Defendants in the suit were named as INEC, APC, Registered Trustees of APC, All Progressives Congress Caretaker/Extraordinary Convention Planning Committee (CECPC) and the National Chairman, APC Caretaker/Extraordinary Convention Planning Committee.
The PDP, in its specific prayers, wants the court to determine as follows:
“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).”
The court having determined the legal questions, the PDP prayed it for the following:
“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.
“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.”
No date has been fixed for the mention of the suit.
