JUST IN: UPDATED: APC: Court Stops Buni, Other Caretaker Excos

September 2, 2021

A Delta State High Court sitting in Asaba, yesterday, restrained Governor Mai Mala Buni of Yobe State along with other members from acting or parading themselves as the All Progressives Congress, APC, Caretaker/ Extraordinary Convention Planning Committee, CECPC, members until the determination of a substantive suit before the court.

Trial judge, Justice Onome Umukoro also stopped the scheduled APC local government congress in Delta State slated for September 4, 2021.

APC State Deputy Chairman, Olorogun Elvis Ayomanor and other officials of the Delta APC had approached the court, challenging the outcome of the Ward Congress in the state.

In an ex-parte application, the applicants, through their lead counsel, Mr Daubry Richard, prayed the court to grant the seven- point reliefs sought, noting that going ahead with the September 4, Local Government Congress in Delta State, would cause more damage to his clients.

Principal among the reliefs sought by the applicants were; “An order of interim injunction of this court restraining the 2nd to 14th defendants/respondents from further acting or parading themselves as the members of the CECPC of the 1st defendant pending the hearing and determination of the motion on notice already filed and served in the suit.

”Alternatively, an order of interim injunction of this court restraining the 2nd – 14th defendants/respondents from conducting the LG and State Congresses slated for September 4, 2021, or any other date, and other congresses of the 1st defendant in Delta State, pending the hearing and determination of the Motion on Notice already filed and served.

”An order of interim injunction of this court restraining the 2nd to 14th defendants/respondents from further acting or parading themselves as the members of the CECPC of the 1st defendant pending the hearing and determination of the motion on notice already filed and served in the suit.”

Lead counsel to the defendants/respondents, Robert Emukpoeruo, SAN, had initially challenged the jurisdiction of the court to entertain the suit but later sought that certain parties be joined as co-defendants/respondents.

But counsel to the applicants, Mr Richard, informed the SAN of the fact that the matter before the court was an ex-parte motion, which does not require parties consideration.

In his ruling, Justice Umukoro granted seven days order of interim injunction restraining Buni and the CECPC from conducting the LG and State Congresses slated for September 4, 2021, or any other date, and other Congresses of the APC in Delta State, or parading as National Caretaker Committee of the party, pending the hearing and determination of the motion on notice already filed and served.

Umukoro also ordered that Buni and others at the national leadership of the party be served the originating summons “by means to wit by serving same on any officer or staff of the APC at the APC National Secretariat on 40, Blantyre Street, Wuse, Abuja and deeming such service in the circumstances of this case.

Also granting leave to the applicants to serve the originating summons and all other processes in this suit on the 15th defendants/respondents by substituted means to wit by serving same on any officer or staff of the Delta State Chapter of the APC at the APC Delta State Secretariat, Asaba, Delta State and deeming such service proper in the circumstances of this case.

Further hearing in the matter was adjourned till September 7, 2021.

Recall that the aggrieved APC members premised their action on the fact that the 13-member Caretaker Committee fell short of the constitutionally required 24-member spread across not less than two-third of the 36 states and the FCT for any governing body of a political party, whether substantive or acting, as stipulated under Section 223(2)(b) of the 1999 Constitution (as altered).

They are also contending that the headship of the Caretaker Committee by a sitting governor who by implication holds dual executive offices was prohibited by Section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, 2014 (as amended).

According to them, by Article 13(4)(xvi) of the APC Constitution, 2014 (as amended) only the National Working Committee, NWC, rather than the National Executive Committee, NEC, of the party can constitute a Caretaker Committee in whatever form, nature or guise.

They also contending that the Attorney-General of the Federation, Mr Abubakar Malami, SAN, who administered the oath of office on Governor Buni as purported Caretaker Chairman lacked the powers to do so under any provision of the APC Constitution, 2014 (as amended) as he was neither a member of the National Working Committee or even a member of NEC of APC.