Wasiu Eshilokun Sanni, the deputy speaker of the Lagos state house of assembly, has filed a suit before an Ikeja high court seeking the expulsion of Muiz Banire, the national legal adviser of the All Progressives Congress (APC).
The claimants in the suit filed on Friday, including Babatunde John Kehinde and Kazeem Olatunji, are accusing Banire of anti-party activities.
They asked the court to determine four issues in their motion of which if all are answered in the affirmative, the defendant should be declared unfit to occupy the office of the party’s national legal adviser.
Firstly, they’re asking the court to determine “whether the defendant, by his conduct, is a fit and proper person to occupy the office of national legal adviser of the party and by extension, membership of the national convention, national executive committee and national working committee of the APC by virtue of Articles 12.3; 12. 4 and 12. 5 of the provisions of the Constitution of the APC 2014 (as amended), having in his capacity allegedly orchestrated forgery by facilitating the issuance of false document to Independent National Electoral Commission (INEC), to wit: submission of false letter of withdrawal from the house of assembly 2015 election Lagos Island 1, state constituency dated January 9, 2015 and addressed to the chairman, Independent National Electoral Commission (INEC) purportedly in the hand and signature of the first claimant knowingly and fraudulently, with intent that it be used or acted upon as genuine by the commission without the claimant’s consent and the APC knowing same to be false”.
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Other issues listed in the suit filed through Wahab Shittu, their counsel, include the determination of “whether the defendant is not in breach of Article 21 (a) (ii) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended) by engaging in anti-party activities likely to embarrass or have adverse effect on the party or bring the party into hatred, contempt, ridicule or disrepute by reasons of the several actions of the defendant before, during and after the entire process of APC local government primaries in Lagos state.
“Whether the defendant is not in breach of Article 21(a)(v) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended) by unauthorized publicity of a party dispute concerning All Progressives Congress (APC) in Lagos state in the Punch newspaper of July 1and 21, 2017 and Premium Times of July 10, 2017 respectively without reference to the APC Lagos state, the NEC and exhausting all avenues within the party hierarchy in Lagos State or at the National level
“Whether the defendant in his capacity as the national legal adviser of the All Progressives Congress, by his foregoing conduct and other actions detailed in the supporting affidavit herewith has not flouted the rules, regulations and decisions of the All Progressives Congress (APC) by engaging in anti-party activities likely to disrupt the peaceful, lawful and efficient organisation of the party in Lagos state contrary to Article 21 (a) (vii) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended).”
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They also asked the court to issue a mandatory order directing the party to take appropriate disciplinary measures against Banire as entrenched in article 21 of the provisions of the APC constitution.
Banire, a senior advocate of Nigeria (SAN), had been suspended by the party’s executive in Mushin local government area of Lagos state as recommended by his ward (Ward C, Ilasamaja, Mushin).
But the party’s national executive declared the decision as null and void, saying the local chapter of the party does not have the powers to suspend a national officer.
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