•Court nullifies delegates’ list
Adedayo Akinwale and Alex Enumah in Abuja
In a volte face, the leadership of the All Progressives Congress (APC), yesterday, announced it has adopted the direct mode of primary for the conduct of the governorship primary election in Kogi State on Saturday.
This is as Justice James Omotosho of a Federal High Court, Abuja, yesterday, voided the ward and local government congresses for the selection of its governorship candidate in the forthcoming governorship election in Kogi State.
The ruling party had initially announced indirect primary based on the request of the State Working Committee (SWC), but later reversed itself following protests by aspirants and party stakeholders.
The party stakeholders and aspirants had faulted the delegates list forwarded to the party’s national headquarters, alleging that the process for compiling the list was questionable.
However, the party in a letter dated 6th April, 2023 and signed by the Acting National Chairman, Senator Abubakar Kyari, informed the Independent National Electoral Commission (INEC) as well as the 17 aspirants of its decision to adopt the direct mode of primary.
The letter read: “We refer to our earlier letter dated 25th January, 2023, with reference no: APC/NHDQ/INEC/19/023/191 wherein we notified the Commission of the mode of primary election for the conduct of the Gubernatorial Primary Election in Kogi State.
“However, our great party, the All Progressives Congress (APC), has reviewed the modalities for the conduct of the gubernatorial primary election in Kogi State and has therefore resorted to adopt the direct mode of primary election instead of the indirect Mode as earlier communicated.
“The date for the conduct of the primary election still remains Friday 14th April, 2023. Following the above, there shall be a Special Congress to ratify the candidate with the highest number of votes at the Gubernatorial Primary Election in Kogi State scheduled for Saturday, 15th April, 2023.”
On the delegates list, Justice Omotosho based his decision on the grounds that the said congresses held on February 7, this year were not conducted in compliance with the Electoral Act 2022, and the Constitution of the APC.
In his judgment in the suit instituted by a group of aggrieved APC members led by Realwan Okpanachi, Omotosho also barred the INEC from according recognition or using the unlawful delegates list for the purpose of selecting the APC governorship candidate.
This, nonetheless, the court has ordered the APC leadership to conduct fresh congresses that would be in line with Section 84 of the Electoral Act, 2022 and Section 13 of the Party’s constitution.
The judge agreed with the plaintiffs that the APC in Kogi State, failed to conduct ward and local government congresses as stipulated by relevant provisions of the law.
Among others, the Judge agreed with counsel to the plaintiffs, Chief Ogwu Onoja, SAN, that the APC breached Section 84 of the Electoral Act and Section 13 of its own constitution by concocting purported list of delegates and submitting same to INEC without the knowledge of registered members of the party in the state.
According to the judgment, APC failed to disclose the venues and time where the purported Ward and Local Government congresses were held and also failed to show the report of INEC officials that purportedly monitored the elections.
Similarly, Omotosho held that the APC failed to produce the result sheet to show the scores recorded by the participants in the purported Ward and Local Government congresses, noting that the major document put at the disposal of the court to justify the conduct of the purported February 7 congresses, did not contain a single name of any human being but signatures of imaginary participants at the purported congresses.
With the absence of names on the documents, the judge held that the exhibit was worthless and that no probate value could be attached to it because it ran foul of Section 133 of the Evidence Act.
The court, therefore, ordered APC to conduct special ward and local government congresses in line with the provisions of the relevant laws, especially, Section 84 of the Electoral Act and Section 13 of the APC’s Constitution.
Earlier, the Judge had dismissed the preliminary objections raised by APC that the court had no jurisdiction to entertain the suit and that the plaintiffs had no locus standi to file it while at the same time insisted that the cause of action was its internal affairs.
Dismissing the preliminary objection, he held that APC must conduct its affairs in accordance with the laws, adding that impunity as exhibited in the instant case, will lead to anarchy.
He further dismissed claims by the APC that the plaintiffs were not its members but parading old membership cards, adding that the party ought to have made its membership register available to the court to dispute the membership claim of the plaintiffs.
Plaintiffs in the suit with number FHC/ABJ/CS/329/2023 are Realwan Okpanachi, Yahaya Nuhu, Omaonu Arome, Mustapha Idoko, Aku Goodman and Abu Onechiojo, while APC and INEC are 1st and 2nd defendants respectfully.
