Sixteen chieftains of the All Progressives Congress (APC) have asked the Federal High Court, Abuja, to restrain the party Caretaker Committee in Ebonyi headed by Mr Aloy Nwibo from overseeing its affairs.
The chieftains, led by Mr Chukwuma Odu, also asked the court to stop the Nwibo-led committee from registering and revalidating membership of party members in the state.
They also asked the court to restrain APC, its Chairman Caretaker Extra Ordinary Convention Planning Committee, Gov. Mai Mala Buni, APC National Caretaker Committee and the National Executive Committee listed as the 1st, 2nd , 3rd and 4th defendants from recognising and accepting the Nwibo-led caretaker committee.
In an originating summons filed by the plaintiff, they said that the Nwibo Caretaker Committee was unlawfully constituted and should not be recognised as APC Caretaker Committee in Ebonyi in place of Jeff Ogbu and John Okochi who were duly elected officers.
Nwibo, Okoro and Igboke were listed as the 7th, 8th and 9th defendants in the suit filed on behalf of the chieftains by Mr B Igwilo (SAN) and Mr Obed Amazu.
When the matter came up, Amazu, who is the lead counsel for the plaintiffs, prayed the court for a short adjournment to enable him to effect service on some of the defendants that were not present in court.
Amazu said that a short adjournment was necessary to safe guard the subject matter.
In a brief ruling, the Vacation Judge, Justice Ahmed Mohammed, adjourned the matter until Sept. 1.
The plaintiffs are asking the court to grant four declarations bordering on alleged breach of APC rules, particularly Article 47 (i), (ii) and (iii) of the APC Constitution 2014.
“A declaration that the purported constitution and recognition of a caretaker committee led by the Nwibo, Igboke and others made up of non-members of the APC to take over the activities of elected members of Ebonyi is in breach of Article 9 (I) of the APC 2014 and the 4th defendants (All Progressives Congress National Executive Committee’s) resolution-decision of December 8, 2020.
“A declaration that by the said “Resolution of December 8, 2020 the 5th and 6th defendants and other composed members remain the valid state working committee of the APC Ebonyi .”
The plaintiffs posed eight questions for determination by the court, including “whether by the provision of Article 17 (I) (ii) (IV) of APC Constitution 2014 , the 1st to 4th defendants were right to dissolve the duly elected Ebonyi working Committee of APC in Dec. 2020.
This, according to them, took place while the duration of their tenure in office is still subsisting until 2022.
