Court Asked To Stop APC Primaries Over Implementation Of Section 84(12)

A chieftain of the All Progressives Congress (APC), Chief Ifechukwuneme Eneh has dragged the party before a High Court of the Federal Capital Territory, asking it to nullify, set aside and invalidate any convention or congress of the party for the purpose of nomination of its candidate for the 2023 general elections over the implementation of Section 84(12) of the Electoral Act.

Already, some states controlled by the party have been issuing directive to its members and political appointees seeking to contest elective offices in the 2023 polls under its platform, who are still holding political offices to vacate or resign in compliance with the now nullified Section 84(12) of the Electoral Act, 2022.

The suit marked CV/1294/2022, dated April 21, 2022, was filed on behalf of Chief Eneh by his lawyer, A. G. Iteun Esq.

The APC is sole defendant in the suit instituted by way of an originating summon.

Specifically, the plaintiff wants a declaration that the act or conduct of the APC in directing and mandating all members of the party or political appointees seeking to contest for elective offices in the 2023 polls under its platform, who are still holding political offices to vacate or resign their political appointment in obeisance or compliance with the now nullified Section 84(12) of the Electoral Act, 2022, is illegal, unlawful, unconstitutional and therefore null and void in its entirety.

The plaintiff is also seeking a declaration that all or any member of the APC or any political appointee, seeking to contest for an election under the platform of the party; and having met the requisite constitutional requirements for any elective office, cannot be mandated, ordered or directed to vacate or resign his political appointment or by that fact denied the right to vote or be voted for at the Convention or Congress of the party for the purpose of nomination of such candidate for the 2023 polls in so for as the person resigns or withdraws from his appointment at least 30 (thirty) days before the date of election.

“A declaration that the defendant cannot validly or lawfully create or impose additional requirements or qualifications for eligibility for any person seeking to contest for any elective office in the 2023 general elections under the platform of the party, other than the constitutional requirements of qualifications imposed or created by the Constitution of the Federal Republic of Nigeria or any other law in force in Nigeria.

“An order setting aside, nullifying and/or invalidating the directive of the Defendant mandating, ordering or directing all or any member or the Defendant or any political appointee, seeking to contest for an election under the platform of the party to vacate or resign his political appointment for the purpose of nomination of such candidate for the 2023 General Elections.

“An injunction restraining the Defendant, whether by itself, agents, nominees, members, officers, representatives or whosoever described from denying all or any member of the Party or any political appointee, seeking to contest for an election under the platform of the party the right to vote or be voted for at the Convention or Congress of the Defendant for the purpose of nomination of such candidate for the 2023 General Elections in so far as the person resign or withdraws from his appointment at least 30 (Thirty) days before the date of election.

“An order nullifying, setting aside and invalidating any Convention of Congress of the Defendant, for the purpose of nomination of its candidate for the 2023 General Elections, conducted, organised or carried out wherein all or any member of the Party or any political appointee, seeking to contest for an election under the platform of the party is excluded or denied the right to vote or be voted, despite the person having validly resigned or withdrew from his political appointment, atleast 30 (thirty) days before the date of election.”

Before seeking the reliefs, the plaintiff had asked the court to determine “Whether by the combined effect of Sections 40, 42, 66(1)(f), 107(1)(g), 137(1)(g), and 182(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2, 9.1(i) and 9.3(i) of the Constitution of the All Progressives Congress, 2014 (as amended), the act or conduct of the Defendant, as expressed in its directives mandating all members of the party or political appointees seeking to contest for elective offices in the 2023 General Elections under the platform of the party, who are still holding political offices to vacate or resign their political appointment in obeisance or compliance with the now nullified Section 84(12) of the Electoral Act, 2022, is not illegal, unlawful, unconstitutional and therefore null and void in its entirety?

“Whether by the combined effect of sections 40, 42, 66(1)(f), 107(1)(g), 137(1)(g), and 182(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 2, 9.1(i) and 9.3(i) of the constitution of the All Progressives Congress, 2014 (as amended) all or any member of the Defendant or any political appointees, seeking to contest for an election under the platform of the party and having met the requisite constitutional requirements for any elective office, can be mandated, ordered or directed to vacate or resign his political appointment or by that fact denied the right to vote or be voted for at the Convention or Congress of the Defendant for the purpose of nomination of such candidate for the 2023 General Elections, in for as the person resigns or withdraws from his appointment at least 30 (thirty) days before the date of election?

The suit is yet to be assigned to a judge.