National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun (left), and Speaker, House of Representatives, Rt. Hon. Yakubu Dogara. |
The Speaker of the House
of Representatives, Rt. Hon. Yakubu Dogara and nine others have sued the
National Chairman of the All Progressives Congress (APC), Chief John
Odigie-Oyegun, over the conduct of ward and local government congresses of the
party in Bauchi State.
According to The Nations’ report, the plaintiffs claimed that the conduct of the congresses was in breach
of the APC Constitution and congress guidelines, asking ed the court to
halt today’s state congress in their state on account of the pending suit.
It was learnt that the action
might be the last battle Dogara will fight in APC before defecting to the
People’s Democratic Party.
In the suit filed by A.U.
Mustapha, SAN from A.U. Mustapha, SAN & Co, the Speaker alleged that the
results of ward and local government congresses in the state were “cooked up.”
The defendants are APC,
Oyegun, National Secretary of APC, State Chairman of APC, Dr. Tony Macfoy and
Mr. Sam Para.
Apart from Dogara, other plaintiffs are Senators Sulaiman Nazif, Isa Hammah Misau and Muhammad Muhammad; Dr. Ibrahim Yakubu Lame; Hon. Ibrahim Zailani; Amb. Yusuf M. Tuggar and Captain Mohammed Bala Jibrin.
The 10 aggrieved stalwarts
sought the following reliefs from the Federal High Court, Abuja:
An order of interim
injunction restraining the 1st, 2nd, 3rd and 4th Defendants by themselves or
through their agents, assigns, privies staff or any other person or persons
acting through them from recognising, ratifying or according legitimacy to the
ward and local government congresses of the All Progressives Congress conducted
in Bauchi State on the 5th and 12th day of May respectively, pending the
determination of the motion on notice.
An order of interim
injunction restraining the Defendants, their agents, cohorts, privies or any
other persons deriving authority from recognising the purported ward and local
government congresses conducted in Bauchi on 5th and 12th days of May, 2018
respectively.
A declaration that the
purported ward and local government congresses of the All Progressives Congress
purportedly conducted in Bauchi State on the 5th and 12th days of May 2018
respectively are illegal, invalid, null and void and of no effect
whatsoever.
A declaration that the
results declared by the 5th Respondent pursuant to the purported ward and local
government congresses are illegal, invalid, null, void and of no effect
whatsoever.
An order restraining the
1st, 2nd, 3rd and 4th Defendants from recognising the purported ward and local
government congresses of the All Progressives Congress conducted in Bauchi
State on the 5th and 12th days of May, 2018 respectively.
An order directing the
1st, 2nd, 3rd, and 4th Defendants to immediately conduct fresh wards and local
government congresses in Bauchi State.
An order restraining the
persons who were declared as winners at the purported wards and local
government congresses purportedly held on the 5th and 12th days of May, 2018
respectively from parading themselves as executive officers/delegates of the
1st Defendant’s wards and local government Areas of Bauchi State.
An order stopping them
from conducting or taking any step to conduct the state congress of the All
Progressives Congress or any other congress in Bauchi State pending the
determination of the Motion on Notice.
DON'T MISS THIS: I DON’T MIND SERVING AS BUHARI’S HOUSEBOY – NIGERIAN SENATOR
While suit FHC/ABJ/CS/521/2018 has not been assigned by the Chief Judge of the Federal High Court, Justice Abdu Kafarati, the Speaker wrote a letter to Oyegun (through his counsel) requesting the party to stay action on the state congress today in view of the pending action.
The letter said in part:
“The above subject matter refers. We are counsel to the Plaintiffs (hereinafter
referred to as “Our Clients”) in the above named suit instituted by the
Plaintiffs challenging the legality of the conduct of the Ward and Local
Government Congresses purportedly held on the 5th and 12th days of May, 2018 in
Bauchi State on whose firm instruction we write.
“We wish to notify your
esteemed self of the pendency of the above named suit which we instituted on
behalf of our clients to challenge the conduct of the Ward and Local Government
Congresses purportedly held on the 5th and 12th days of May, 2018.
“In the said suit, our
clients are praying the Federal High Court sitting in Abuja for declaratory and
injunctive reliefs against the All Progressives Congress, the Principal
Officers of the Party and the Committees constituted for the conduct of the
said congresses.
“Furthermore, in the
pending suit, we also seek Interim and Interlocutory injunctions restraining
the Defendants from proceeding with the conduct of the State Congress scheduled
to hold in Bauchi State on Saturday the 19th day of May, 2018.
“Please find attached
copies of the court’s processes in respect of the pending Suit for your
information and proper guidance.
“Take notice therefore,
that the planned or forthcoming state congress slated for Saturday, the 19th
day of May, 2018, must not hold in view of the long settled principle of law
that when a suit is pending in court, parties are not allowed to take steps
that will have nugatory effect on the outcome of the suit or foist on the court
a fait accompli.
“Further take notice that
any attempt to proceed with the planned or forthcoming state congress in Bauchi
State on Saturday the 19th May, 2018, would be an affront on the judiciary as
same is now subjudice.
“Consequently, we request
that you use your good offices to ensure that APC, the ruling party, conforms
with the tenets of the rule of law by ensuring that the forthcoming APC state
congress in Bauchi State is suspended forthwith pending the determination of
the above captioned suit.”
In an affidavit by Hon.
Maryam Garba Bagel (Dass Constituency, Bauchi State House of Assembly), she
said: “That I know as a fact that the purported Ward and Local Government
Congresses of the 1st Defendant purportedly conducted in Bauchi State on 5th
and 12th May 2018 were fraught with widespread irregularities from the initial
preparations to the eventual conduct of the purported conduct of the
congresses.
“That the Party Constitution
and Congress guidelines were observed in breach during the conduct of the
purported congresses thereby disenfranchising many aspirants and members of the
party from participation.
“That I know as a fact
that members of the party in my constituency were gathered at the venue for the
ward congress but were dispersed by security operatives at the instance of the
State Government.
“That agent of the State
Government thereafter cooked up results of the purported elections at the
various wards and forwarded same to the Ward Congress Committee.
“That the Ward Congress is
the root upon which the conduct of Local and State Government Congresses is
predicated, and as same has turned out to be a total fiasco, there is the need
by this Honourable Court to nullify same.”
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