By Yemi Oyeyemi, Abuja.
Three Chieftains of the all Progressives Congress (APC) have dragged the party and the Independent National Electoral Commission (INEC) before a Federal High Court in Abuja, challenging the unlawful conduct of ward congresses in Benue state.
The chieftains, who are aspiring to contest for various elective positions in the party are praying the court to compel APC and INEC not to accept any list of Ward Executive other than that product of the consensus list reached at the meeting in Makurdi of August 1.2021 for Otukpo/Ohimini Federal Constituency.
Their grouse in the suit marked: FHC/ABJ/CS/969/2021, was that attempt was made to thinker with the consensus ward executive list agreed upon by stakeholders in the state.
In the suit instituted on their behalf by John Ochogwu, the plaintiffs asked the court to determine whether by combined effect of Section 223 of the 1999 Constitution, Article 30 of the APC Constitution and guidelines for the congresses and Section 85 of the Electoral Act, the ward executive congresses conducted on August 1, 2021, for Otukpo/Ohimini Local Government Area without due regard to the consensus reached on August 1, violated the Constitution of the party and the Electoral Act.
Plaintiffs further want the court to determine whether in the absence of due compliance with section 223 of the 1999 Constitution, Article 20 of the APC’s Constitution and the Electoral Act and the consensus of August 1,
the announcement of a different list on a radio station in Otukpo, Benue State is legal, permissible and constitutional.
They also prayed the court to determine whether the list of wards executives for Otukpo/ Ohimini Local Governments endorsed by APC National Ward Congresses of Mohamad Mashi s not illegal, null and void, having been produced with due regard to the 1999 Constitution, the APC guidelines for the ward congresses and the Electoral Act, 2010, as well as consensus reached on August 1, 2021 by the Elder Simon Shango led APC Elders Forum in Benue state.
Plaintiffs are Dr Wilson Eche, Honourable Bartholomew Alike and Honourable Eigege Adejo, while APC and INEC are first and second respondents respectively.
In a 46 paragraph affidavit in support of the originating summons, plaintiffs claimed to be card carrying members of APC and aspirants to various elective offices, including party offices in the state.
They averred that immediately APC released its time-table for the nationwide ward congresses, they commenced preparations and mobilization of their supporters to participate in the Otukpo and Ohimini Local Governments congresses.
In the affidavit deposed to by Honourable Alike on behalf of plaintiffs, they claimed that APC duly notified INEC on the planned congresses on July 6, 2021 pursuant to Section 85 of the Electoral Act and that by the notification, INEC was expected to monitor and supervised the conduct of the ward congresses to ensure compliance with relevant laws.
They further averred that Honourable Muhammad Ali Marshi and Honourable Sunday Yusuf Achor, were among the APC’s National Officers assigned to conduct the ward congresses in Benue State.
Claiming that they suspected foul play, plaintiffs asserted that they protested to Senator George Akume, being APC Leader in Benue and that a meeting was summoned and presided by Elder Simon Shango as chairman of the APC’s Elder’s Forum in Benue State and that the two APC national officers to conduct the congresses were in attendance.
They further averred that one Honourable Ogah Omeligbe, a Director of Campaign for a House of Representatives member, Honourable Blessing Onu, stood for his principal, adding that the meeting reached a consensus that was signed by all aspirants and stakeholders to the effect that ward executives in Benue South should be distributed to all aspirants and stakeholders in line with Article 20 of the APC and that the two national officers countersigned the consensus agreement on August 1, 2021 and released report sheets to the plaintiffs
Plaintiffs however claimed that on August 3, 2021, they were shocked when they heard a radio announcement wherein a different list of ward executives was announced contrary to the consensus agreement of August 1.
The deponent to the affidavit, who was to serve as a returning officer for the ward congress in Otukpo Local Government, claimed that he was Short changed as his name was replaced by a legislative aid to Honourable Blessing Onuh. Of
Plaintiffs asserted that based on petitions filed by their counsel, APC set up a National Ward Appeal committee headed by Professor Success Musa and that the committee has yet to make its report public.
Plaintiffs therefore prayed the court to in the interest of justice enter judgment in their favour on the grounds that they will be prejudiced if APC and INEC are allowed to act on the list of ward executives for Otukpo and Ohimini Local Governments contrary to the consensus reached on August 1.
In a motion on notice filed along the originating summons, the plaintiffs applied for an order of interlocutory injunction restraining APC and INEC and their agents from accepting, utilizing, endorsing or giving effect to any other list of ward executives for Otukpo and Ohimini Local Governments except the consensus list agreed upon by stakeholders on August 1, 2021.
Having served originating summons and motion on notice on the defendants, hearing of the suit is expected to come up soon.
