The Court of Appeal in Abuja has issued an order restraining the National Assembly from imposing statutory delegates at the convention of the All Progressives Congress (APC).
In a ruling yesterday, Justice Haruna Tsammani also restrained the enforcement of the judgement of a Federal High Court in Kano delivered on June 3, granting the enforcement of amended section 84(8) of the Electoral Act, 2022.
The ex parte application by the National Chairman of the APC, Abdullahi Adamu, which was moved by A. A. Popoola had pleaded with the appellate court to stay the execution of the judgment of the high court delivered by Justice A. M. Liman in suit number FHC/KN/CS/137/2022 permitting Senator Mas’ud El-Jibrin Doguwa, Hon. Habila Sani, Hon. Bilyaminu Yusuf Shinkafi, the Senate president, Speaker of House of Representatives and the Independent National Electoral Commission (INEC) to enforce the amendment.
Justice Tsammani further ordered the service of processes of the order by substituted means against the parties in the matter and adjourned hearing of the motion on notice for stay of execution to June 9.
The APC chairman had contended that Section 84(8) of the Electoral Act on statutory delegates’ participation in the primary, which amendment was still pending Mr President’s assent, was not in conflict with Section 223 of the Nigerian Constitution of 1999 and Article 20(iv) of the APC Constitution.
The APC chairman had further contended that the suit was filed in Kano on May 24 without joining the Attorney General of the Federation as the chief law officer of the federation, adding that the court erred in law by assuming jurisdiction in the matter.
The party said its constitution recognises two categories of statutory delegates – elected and non-elected delegates.