A Federal High Court sitting in Abuja has declared the continuous retention of all executive officers of the Allied People’s Movement (APM), as ultra vire, unconstitutional, illegal and a direct affront to the Electoral Act, 2010.
Jutice Donatus Okorowo held that the holding officers of the party (APM) was against the party’s constitution, hence, declaring their seat unconstitutional and void of following due process.
He gave the ruling on 20 May, 2022.
In a suit marked, FHC/ABJ/CS/1253/21, the plaintiffs Imuseh Ome Ebere Mercy and Hon. Kukang Ken Barine, instituted an action before the court, the action was brought vie an originating summons dated 20 October 2021, where they disputed some issues for determination of the court.
The issues disputed by the plaintiffs was whether the continuous stay of the executive officers of the Allied People’s Movement was illegal.
The plaintiffs alleged that the executive officers were brought into office without due consultations of the stipulated section 9 of the party’s constitution and conventions.
Addressing newsmen in Abuja, counsel to the plaintiffs, Enyinnaya Eme, Esq, explained that section 9 of the APM’S constitution states that, “Every position of the party shall be held by democratically elected officers of the party.”
He also quoted Section 223 of the 1999 constitution to state that, “The constitution of every political party shall provide for periodical election that will elect their national executives.”
Hence, it was on the heels of the originating summons by counsels (Enyinnaya Eme Esq & S.A. Asadu Esq.) to the plaintiffs that Justice Okorowo, declared that the office of the 1st defendant (APM) have become vacant by the operation of law for failure to organise a convention that will usher in democratically elected officers of the 1st defendant and thereby occupying their various positions illegally.
Continuing, Justice Okorowo directed that, “An order is hereby made directing the 1st defendant to manage the affairs of the 1st defendant for three months within which they must conduct ward, Local Government, state and National Congresses that will usher in democratically elected officers of the 1st defendant.
“An order is hereby made directing the 4th defendant to monitor and supervise all the congresses of the 1st defendant to be organised by the Registered Trustees of the 1st defendant.
“An order is hereby made directing the Registered Trustees of the 1st defendant to give to the 4th defendant at least 21 days’ notice of the conduct of the said convention.”
The defendants in the matter are the APM, Chairman, Board of Trustee, APM, the National Chairman, APM, and the Independent National Electoral Commission, for the 1,2,3,4 defendants.
