Apparently latching onto the Supreme Court judgment in the Ondo state gubernatorial elections that is causing disagreement within the ranks of the All Progressives Congress (APC), the Peoples Democratic Party on Wednesday, sued the Yobe State Governor and Chairman of the Caretaker/Extraordinary National Convention Planning Committee of the party Mai Mala Buni, seeking a court Federal High Court declaration that Buni contravened provisions of Section 108 of the Constitution of the Federal Republic of Nigeria 1999 (As amended), by retaining his seat as Yobe State governor while presiding over the affairs of the APC as chairman.
The ruling party however sees the PDP action as misplaced and frivolous
“The PDP leadership is obviously executing a desperate and poorly-scripted propaganda plot aimed at deflecting attention from the crisis of confidence the failed opposition party faces.
“The PDP are ignominious rablerousers and have no locus to take any action on the internal affairs of the APC. The Supreme Court has already affirmed the status and legality of the CECPC and that is all there is to it.
“There are clearly spelt out punitive measures against abuse of court processes. We are confident that the Judiciary will apply these measures fully,” Sen. John James Akpanudoedehe, the
National Secretary of the CECPC of the APC said in a statement.
In a court document titled “Originating summons,” with suit No: FHC/ABJ/CS/-883/2021, with the PDP, Amb. Umar Damagun and Baba Abba Aji listed as the 1st, 2nd and 3rd Plaintiffs; and Buni, Idi Gubana, the APC and the Independent National Electoral Commission, listed as Respondents the plaintiffs are asking the Court to determine whether Mai Mala Buni had not breached Section 183 of the Nigerian constitution when he accepted APC’s appointment as Chairman Caretaker Committee and proceeded to occupy the office while still the Governor of Yobe State.
In addition, the Court is to determine whether Buni had not ceased to hold the office of the Governor of Yobe State going by the provision of Section 183 of the constitution.
The PDP sought the court to declare that Buni has breached the said provision and ceases to hold office as Yobe State Governor.
Moreover, the party and other plaintiffs want the Court to declare that Buni has ceased to be the Governor of Yobe State based on the Supreme Court judgment in SC/448/2021 between Eyitayo Jegede and Another V. INEC.
The reliefs they sought are:
1. A declaration that the 1st Defendant breached the clear provisions of Sections 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended.)
“2. A Declaration that the 1stDefendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rdDefendant has ceased to hold the office of the governor of Yobe State having regard to the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” among others.
The PDP prayed the court to direct the Chief Judge of Yobe State or any other judge to in his absence, immediately swear in Umar Damagum and Abba Aji (2nd and 3rd plantiffs) as the Governor and Deputy Governor of Yobe State as the office has become vacant.
