APC chieftain drags Gov. Buni led APC Caretaker to court, wants Oshiomhole back

Another All Progressives Congress (APC) chieftain, this time a Youth Leader from Abia State, Barrister Kalu Agu has gone to court to challenge the dissolution of the Adams Oshiomhole led National Working Committee (NWC) by the National Executive Council (NEC).

It would be recalled that the NEC, led by President Muhammadu Buhari, had appointed a Caretaker Committee with an ex-National Secretary and Yobe Governor, Mai Mala Buni, as the Caretaker Chairman.

This however, did not go down well with Agu who contends that the NEC lacks the powers to sack the national leaders barely two years out of their constitutionally guaranteed four year term of office.

In suit no FHC/ABJ/ CS/736/2020, Barrister Agu is praying for an order of the Federal High Court, Abuja, setting aside the dissolution of the NWC.

Agu is asking the court for an order restraining the Buni-led committee from parading themselves as national officers of the APC and for an order restraining the committee from putting into effect the resolution of the APC NEC meeting passed on June 25, 2020.

Additionally, Agu is praying for an order barring the Independent National Electoral Commission (INEC) from recognizing, dealing with or relating with the caretaker committee in whatever guise to usurp the functions of the NWC.

He is equally seeking an order of mandatory injunction compelling INEC to continue to recognize the Oshiomhole led members of the NWC as the authentic national officers of the party.

Barrister Agu through his counsel, Ukpai Ukairo, is asking the court to strike down Article 17 of the APC constitution which provided for appointment of officers into the organs of the party for being inconsistent with section 223 of the 1999 Constitution and section 85 of the Electoral Act of 2010.

The Plaintiff attached a 44- paragraph affidavit in support of the originating summons, where he averred to be one of the foundation members of the Congress for Progressives Change (CPC) under which he ran for the House of Representatives in Arochukwu/Ohafia federal constituency of Abia State in 2011.

After the 2011 general elections, the CPC and others merged in 2013 to form the present APC.

Agu furthered averred that he is an accredited APC member and that he was elected as the Abia State Youth Leader in April 2014 during the state’s congress held at Umuahia.

Insisting that the 1999 Constitution guaranteed four year tenure for party officials, Agu declared that in breach of the same constitution, the NEC meeting passed an illegal resolution dissolving the NWC and also setting up an illegal caretaker committee.

Agu is praying the court to declare the dissolution of the NWC as unconstitutional, illegal, null and void and another declaration that the recognition accorded the caretaker committee is unconstitutional and illegal.

Respondents are the Caretaker Committee Members and INEC.

They are Buni, Isiaka Oyebola, Ken Nnamani, Stella Okorete, Governor Sank Bello, Dr James Lalu, Senator Abubakar Yusuf, Hon Akinyemi Olaide, David Leon, Professor Their Mamman, Isiaka Ahmed and Senator Akpan Udoedehe.

No date has been fixed for the hearing of the suit.