A Federal High Court, Abuja, has again adjourned the suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) until July 5.
Justice Inyang Ekwo, on Wednesday, adjourned the matter to allow the plaintiff to respond to a fresh application filed by Ganduje to challenge the competence of the suit.
Upon resumed hearing, the plaintiff’s lawyer, Benjamin Davou, told the court that Sanusi Musa, SAN, who appeared for Ganduje, had just served him with a fresh motion.
He said he would need time to study it to decide whether to respond to the application
Musa did not oppose Davou’s application for adjournment.
Justice Ekwo, consequently, adjourned the matter until June 5 for a hearing.
The judge had, on June 13, fixed today for a hearing after Davou applied to respond to the notice of preliminary objection and counter affidavit served on him by Ganduje’s lawyer.
The plaintiff, the North Central APC Forum, led by Saleh Zazzaga, had filed the suit marked: FHC/ABJ/CS/599/2024.
In the suit, they queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.
Listed as defendants in the case are Ganduje, the APC and the Independent National Electoral Commission (INEC).
The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.
It also prays the court to issue an order directing 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 plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.
It argued that the National Executive Committee (NEC) of the 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.
It also 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.
The plaintiff added that by 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 and ought to appoint a member from Nasarawa State in the North Central geo-political zone into the office of the chairman of the party.
It wants the court to among others, declare that by Article 20(1) of the APC constitution 2013 as amended, Ganduje cannot be appointed as the National Chairman of the party other than through democratically conducted elections and that his current occupation of the office is illegal.
It equally seeks a declaration that by the provisions of Article 13 of the APC constitution 2013 (as amended), the party’s National Convention is the final authority of the party with the power to elect or remove national officers of the party including the national chairman of the party.
The plaintiff also wants a declaration that the party’s NEC lacked the power to appoint any person to the office of the Chairman, among others.