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 amendment of 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.
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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.
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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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