A court of appeal sitting in Abuja has restrained the
national assembly from imposing statutory delegates at the ongoing convention
of the All Progressives Congress (APC).
Ruling on an ex parte application brought by Abdullahi
Adamu, national chairman of the All Progressive Congress (APC), a three-member
panel of the appellate court led by Haruna Tsammani also restrained the
enforcement of the judgment of a federal high court in Kano delivered on June 3
granting the enforcement of amended section 84(8) of the Electoral Act, 2022.
According to A.M. Liman, the high court judge, section 84(8)
“cannot be interpreted to have excluded statutory delegates from voting at the
convention, congress, or meeting by virtue of section 223 of the 1999
constitution (as amended) and article 20(iv)(c) of the All Progressives
Congress (APC) constitution, which allow statutory delegation to vote at the
convention, congress or meeting”.
Consequently, the APC national chairman appealed the ruling.
Among several grounds for the application, he argued that
the “applicant will suffer irreparable damage if the respondent is not
restrained from enforcing the judgment”.
He contended that section 84(8) of the Electoral Act on
statutory delegates’ participation in primary elections, which amendment was
still awaiting the assent of the president was not in conflict with section 223
of the Nigerian constitution of 1999 and Article 20(iv) of the APC
constitution.
The APC chairman had argued that the suit was filed in Kano
on May 24 without joining of the attorney-general of the federation as the
chief law officer of the federation.
In his ex parte application moved by A.A. Popoola and Karma
Fagbemi, Adamu had prayed the appellate court to stay the execution of the
judgment of the high court.
The court of appeal ordered the service of court processes
by substituted means against the parties in the suit.
The court also adjourned to June 9 to hear the appellant’s
motion on notice.
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