APC Presidential Primary: Court Okays Statutory Delegates

Statutory delegates are constitutionally authorized to attend all meetings, congresses, and conventions of any registered political party in Nigeria, according to a Federal High Court in Kano.

Sen. Mas’ud El-Jibrin Doguwa, Hon. Habibu Sani, and Hon. Bilyaminu Yusuf Shin’Kafi (all APC hopefuls in the recently concluded National Assembly primaries) filed a lawsuit contesting the disenfranchisement of statutory delegates from voting in the primaries.

The Senate President, Ahmad Lawan; APC National Chairman, Senator Abdullahi Adamu; Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila; and the Independent National Electoral Commission (INEC) are named as defendants in the FHC/KN/CS/13712022 complaint.

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The plaintiffs prayed the court for a declaration that “section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress, or meeting by virtue of section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress, or meeting by virtue of section 223 of the 1999 Constitution (as amended) and Article 20(iv)

In response to the originating summons of June 1, 2022, the second defendant, Adamu, submitted a counter affidavit.

The first, third, and fourth defendants, on the other hand, did not file any procedure in the case.

“Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress, or meeting, by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress, or meeting,” the presiding judge, Hon. Justice A.M Liman, wrote in his decision on Friday, June 3, 2022.

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The effect of this decision is that all statutory delegates from each political party must attend future Congresses and conventions, particularly the APC’s next national conference.

Statutory delegates in this context include, ward, local government, state and national executives of the party, including past executives, as the guidelines of the party deem fit.

Others include, the President, Vice President, former Presidents, former vice Presidents who are members of the party; Governors, deputy Governors, former Governors, former deputy Governors, Council Chairmen, serving Councilors and past Council chairman who are members of the party, as may be decided by party guidelines.

Those captured in the statutory delegates cadre also also include, serving and past members of the National Assembly of the party; though ministers, commissioners, supervisory councillors and other political appointees are excluded in the newly signed Electoral Act.

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