Speaker of the House of
Representatives, 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.
The plaintiffs claimed that the
conduct of the congresses was in breach of APC’s constitution and congress
guidelines.
They asked the court to halt
Saturday’s state congress in their state on account of the pending suit.
In the suit filed by A.U.
Mustapha, SAN from A.U. Mustapha, SAN & Co, Dogara alleged that the results
of the ward and local government congresses in the state were “cooked up”.
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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.
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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