A displeased chieftain of the All Progressives Congress (APC) Dr. Wale Ahmed, has dragged the national chairman, Chief John Odigie-Oyegun, to court over what he claimed as the illegal extension of his tenure.
Ahmed, a party stalwart from Lagos, a former commissioner of special duties and member of the Lagos State House of Assembly said the ruling party has violated its rules and guiding principle on periodic national convention as stipulated by its constitution.
The embattled chairman, Odigie-Oyegun, was elected chairman in June 2014 for a four year tenure, which had expires in June.
The plaintiff said the chairman and other members of the National Executive Committee (NEC) of the party were given illegal anticipatory tenure elongation to enable them put the national convention in abeyance, without due consideration for the APC constitution and 1999 Constitution.
According to the Section 223 (1a) and (2a), of the 1999 Constitution, “the constitution and rules of a political party shall provide for the periodic election on a democratic basis of the principal officer and members of the executive committee or other governing body of the political party.”
Also, “the election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years.”
According to the APC Constitution (2014 as amended), “all officers of the party elected or appointed into the party’s organs shall serve in such organs for a period of four years and shall be eligible for re-election or re-appointment for another period of four years only, provided that an officer elected or appointed to fill a vacancy arising from death, resignation or otherwise shall notwithstanding be eligible for election to the same office for two terms.”
Joined in the suit No. FHC/L/CS/364/18 before the Federal High Court, Lagos Division, are the Deputy National Chairman (South), Chief Segun Oni, Deputy National Chairman (North), Senator Lawal Shuaibu, National Secretary Mallam Ibrahim Gubi, National Vice Chairman (Southwest) Chief Pius Akinyelure, the APC and the Independent National Electoral Commission (INEC).
In the originating summons taken by his counsel, B.A.M Fashanu (SAN), the plaintiff is claiming that the defendants, jointly or severally, have erred in law. His prayers include:
“A declaration that the first to sixth defendants have no power under the constitution of the Federal Republic of Nigeria, 1999, to extend the tenure of the elected organs/officers beyond four years from their election /inauguration
“A declaration that the purported extension of the tenure of the extant National Working Committee (NWC) and /or other executive committees or their members of the All Progressives Congress at various levels for another 12 months from June 30, 2018 by the National Executive Committee of or by the All Progressives Congress, is illegal, null and void and of no effect
“A declaration that any provision of the sixth defendant’s constitution or any memorandum, circular or pronouncement of the first to sixth defendants purporting to extend the tenure of the first to fifth defendants beyond their extant elected or inaugurated four year tenure is in conflict or is inconsistent with the provision of Section 223(1) (a) and 223 (2) (a) of the constitution of the Federal Republic of Nigeria, 1999 and is null and void to the extent of its inconsistency.
“An injunction restraining the first to sixth defendants, their servants and/or agents, from taking any steps to implement the purported tenure elongation of the presently elected/constituted organs/officers of the All Progressives Congress, which pronouncement or decision was made on or about the 27th of February, 2018, or in any manner howsoever, stay in office beyond four years from the date of their election/inauguration.
