Coast clear for APC, court vacates order stopping national convention
Adamu, Musa, Al-Makura, Mustapha, Akume, Yari, others turn in forms
AHigh Court of the Federal Capital Territory sitting in Kubwa yesterday vacated the order of interim injunction restraining the All Progressives Congress (APC) from holding its national convention on March 26.
While granting the APC’s application, Justice Bello Kawu held that the plaintiff lacked the locus to sustain the restraining order citing the Supreme Court in Aguma vs APC 14 NWLR Part 1796 Page 351 Paragraph 406.
The judge said when he made the order restraining the chairman of the Caretaker Extraordinary Convention Planning Committee, Governor Mai Mala Buni of Yobe State, and the Independent National Electoral Commission (INEC) from organising any convention until the determination of the suit, on November 18, that was the position of the law.
“I cannot keep adjourning this motion ad infinitum; there must be an end to litigation,” he said.
The earlier order of the court followed an application by an aggrieved member of the APC, Salisu Umoru.
At the resumed hearing, Shuaibu Aruwan (SAN) who is the counsel to the APC and Buni, informed the court of his intent to move a motion dated March 9, challenging the jurisdiction of the court, ahead of the motion by the claimants challenging the abridgment of time.
He added that the court may consolidate both motions and take them simultaneously.
But the plaintiff ’s counsel, Mike Enahoro Eba, opposed the application on the grounds that it was not ripe for hearing, having been served on March 11. He requested seven days to reply, citing Order 43 Rule 1(3) of the court.
In a short ruling, the court held that whether the motion was served on the 9th or 11th of March, it was ripe for hearing.
Eba said the hearing notices served on parties for hearing on March 15 instead of March 30, which abridged the time set by the court was alien to the rules and requested for an adjournment to file a counter affidavit to the APC motion.
He accused the APC of being contemptuous of the court and urged it to set aside all actions taken during the pendency of the restraining injunction such as the committee, their appointment, and inauguration, including notification for the March 26 convention.
But objecting, Aruwan argued that there was a letter of agreement by lawyers in the matter for the abridgment of the time. He submitted that the allegation of contempt against the party could only be made through contempt proceedings of Forms 48 and 49 and not by motion.
In his submission, INEC counsel, Alhassan Umar (SAN), argued that section 84 of the Electoral Act prohibits the court from stopping the primary of a political party.
He added that the court lacked the jurisdiction to rule on the application for adjournment, having ruled that the motion was ripe for hearing.
Consequently, the judge dismissed the claimant’s application and fixed March 30 for the hearing of the main suit.
Adamu, Musa, Al-Makura, Mustapha, Akume, others turn in forms
Meanwhile, contenders for the office of the APC national chairmanship position have turned in their expression of interest and nomination forms at the party’s national secretariat in Abuja, ahead of Saturday’s national convention.
Our correspondent reports that there was a mad rush yesterday by aspirants to submit their forms for various National Working Committee (NWC) offices.
While some of the aspirants personally appeared for submission, others submitted their forms by proxy.
The Senator representing Niger
East, Senator Sani Musa; a former governor of Nasarawa State, Tanko Al-Makura; a former governor of Benue State and current Minister of Special Duties and InterGovernmental Affairs, Senator George Akume, all submitted their forms.
Others who turned in their forms after filling them were a former deputy national chairman of the defunct Congress for Progressive Change (CPC), Saliu Mustapha; a former governor of Nasarawa State, Abdullahi Adamu; former governor of Zamfara State, Abdulaziz Yari, and Mohammed Saidu Etsu.
We’re not informed of any consensus candidate – Sen Musa
In an interview with newsmen after submitting his forms, Senator Musa said the party did not inform the aspirants of any consensus candidate for the office of national chairman as being speculated.
There are reports that President Muhammadu Buhari had endorsed Senator Abdullahi Adamu as the next national chairman of the party.
But when asked, Senator Musa said, “Why did the party sell forms to us? As far as I’m concerned, there has never been anybody that officially contacted me or any other aspirants. Nobody! And the spokesperson to Mr President, Femi Adesina, has said there is no endorsement.”