The Peoples Democratic Party (PDP) has petitioned the Federal High Court in Abuja to declare the All Progressives Congress’s (APC) national convention, which is set to take place today, unconstitutional and illegal.
According to Anaedoonline.ng, the PDP made this known in a complaint filed by its attorney, Samuel Irabor, on March 25 with the filing number FHC/ABJ/CS/389 2022.
The opposition party also requested that the APC be deregistered as a political party after it failed to comply with Sections 222(a), 223(b), and 225 of the 1999 Constitution.
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The Independent National Electoral Commission (INEC), the APC, Registered Trustees of the APC, and the Caretaker/Extraordinary Convention Planning Committee were named in the action by the PDP.
The Chairman of the APC Caretaker/Extraordinary Convention Planning Committee, 1st to 5th defendants, were also named as defendants.
The PDP also sought the court for a lifelong injunction prohibiting INEC from recognising, interacting with, dealing with, or doing business with the APC as a registered political party in the application.
According to a certified authentic copy of INEC’s list of APC’s current executives, the party is led by a 13-member board of directors.
According to the PDP, Section 223 of the 1999 Constitution stipulates that the executives or Governing Body of a political party must be drawn from two-thirds of Nigeria’s 36 states, which equals 24.
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The PDP urged the court to declare all the prior acts of the Mala Buni-led caretaker committee leading to the institution of the suit as well as all subsequent acts, including the convention of March 26, null and void.
The PDP prayed for an order to de-registrar the APC by INEC in line with Section 225A of the 1999 constitution.
In the originating summons brought pursuant to Order 3, Rule 6 of the Federal High Court Rules, the party urged the court to determine “whether upon a calm consideration of Section 223(2)(b) of the 1999 Constitution, the leadership of the APC (2nd defendants) can be made up of only 13 members as presently constituted by the chairman of the CECPC and forwarded/registered with the 1st defendant (INEC).
The PDP said “If the answer is in the negative, whether the APC has any valid leadership so called, forwarded /registered with INEC in compliance with Section 223(1) of the 1999 Constitution and whether any act done by the said leadership is valid and founded in law.
It added that “If the answer to the 2nd and 3rd legs of the issue in the above paragraph is further in the negative, whether the APC 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.”
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It sought “a declaration that by the express provisions of Section 223(2)(b) of the 1999 Constitution, the leadership of the APC cannot be made up of only 13 members as presently constituted by the chairman of the CECPC and forwarded /registered with INEC.
“A declaration that all the prior actions and subsequent actions undertaken by the defendants are null and void and of no effect.”
It is understood that the matter was yet to be assigned to a judge.
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