The All Progressive Congress (APC) has told the Federal High
Court sitting in Abuja that the comments made by President
Muhammadu Buhari on Tuesday that the tenure elongation of the
National Chairman of the party, Chief John Odigie-Oyegun and other
members of the National Working Committee (NWC) was
unconstitutional, carry no weight.
The APC, through its counsel, J.B Dauda (SAN), made the
submission yesterday at the resumed hearing of a suit filed by four
chieftains of the party seeking to stop the tenure elongation of
Oyegun and other national and state officers of the party.
According to Daudu, “The president is just a member like every
other person in the party. His views do not carry weight as far as
the hierarchy of the party is concerned. His voice cannot
overshadow the voice of the majority.
“No matter how eminent a person is, the law must be followed and
not personal view.”
He, however, told the court that the party will be challenging
the jurisdiction of the court to hear the matter.
Though the matter could not go on, but the trial judge, Justice
Nnamdi Dimgba, with the consent of parties, fixed April 16 for
definite hearing.
This is to enable parties file and exchange process and other
relevant documents.
The National Executive Council (NEC) of the APC had, at its
meeting held on February 27, extended the four-year tenure of the
party officials due to expire on June 30, 2018, by one year.
The plaintiffs had, on March 15, obtained an ex parte order
directing the defendants to show cause why members of the NWC of
the APC should not be barred from parading themselves as national
officials of the party.
The plaintiffs are Ademorin Kuye from Lagos State; Sani Mayanchi
from Zamfara State and currently the Publicity Secretary of the
party in the state; Are Mutiu also from Lagos State, and Machu
Tokwat from Kaduna State.
One of the plaintiffs, Kuye, claimed to be aspiring to run for
the office of the National Legal Adviser of the party, while the
other plaintiffs claimed they were aspiring to run for the offices
of the chairman of the party in their respective states – Zamfara,
Lagos and Kaduna.
Joined as respondents in the suit are the Independent National
Electoral Commission (INEC), the APC, Oyegun (sued for himself and
on behalf of the national, state, local government area, and ward
officials of the APC elected between April and June 2014); and the
National Organising Secretary of the party, Osita Izunaso.
The plaintiffs, among other prayers, are asking for orders
temporarily halting the implementation of the tenure extension,
pending the hearing of the motion for interlocutory injunction.
At yesterday’s sitting, counsel to the plaintiffs, Jubrin
Okutepa (SAN) informed the court that all the respondents have been
served with the originating summons and that he was ready to go on
with the hearing.
Counsel to APC, Daudu, however, submitted that the matter was
not ripe for hearing and that the court should give specific
direction on the time allotted for filing and exchange of
processes.
Counsel to Oyegun, Chief Akin Olujimi (SAN) aligned with the
submission of Daudu.
The All Progressive Congress (APC) has told the Federal High
Court sitting in Abuja that the comments made by President
Muhammadu Buhari on Tuesday that the tenure elongation of the
National Chairman of the party, Chief John Odigie-Oyegun and other
members of the National Working Committee (NWC) was
unconstitutional, carry no weight.
The APC, through its counsel, J.B Dauda (SAN), made the
submission yesterday at the resumed hearing of a suit filed by four
chieftains of the party seeking to stop the tenure elongation of
Oyegun and other national and state officers of the party.
According to Daudu, “The president is just a member like every
other person in the party. His views do not carry weight as far as
the hierarchy of the party is concerned. His voice cannot
overshadow the voice of the majority.
“No matter how eminent a person is, the law must be followed and
not personal view.”
He, however, told the court that the party will be challenging
the jurisdiction of the court to hear the matter.
Though the matter could not go on, but the trial judge, Justice
Nnamdi Dimgba, with the consent of parties, fixed April 16 for
definite hearing.
This is to enable parties file and exchange process and other
relevant documents.
The National Executive Council (NEC) of the APC had, at its
meeting held on February 27, extended the four-year tenure of the
party officials due to expire on June 30, 2018, by one year.
The plaintiffs had, on March 15, obtained an ex parte order
directing the defendants to show cause why members of the NWC of
the APC should not be barred from parading themselves as national
officials of the party.
The plaintiffs are Ademorin Kuye from Lagos State; Sani Mayanchi
from Zamfara State and currently the Publicity Secretary of the
party in the state; Are Mutiu also from Lagos State, and Machu
Tokwat from Kaduna State.
One of the plaintiffs, Kuye, claimed to be aspiring to run for
the office of the National Legal Adviser of the party, while the
other plaintiffs claimed they were aspiring to run for the offices
of the chairman of the party in their respective states – Zamfara,
Lagos and Kaduna.
Joined as respondents in the suit are the Independent National
Electoral Commission (INEC), the APC, Oyegun (sued for himself and
on behalf of the national, state, local government area, and ward
officials of the APC elected between April and June 2014); and the
National Organising Secretary of the party, Osita Izunaso.
The plaintiffs, among other prayers, are asking for orders
temporarily halting the implementation of the tenure extension,
pending the hearing of the motion for interlocutory injunction.
At yesterday’s sitting, counsel to the plaintiffs, Jubrin
Okutepa (SAN) informed the court that all the respondents have been
served with the originating summons and that he was ready to go on
with the hearing.
Counsel to APC, Daudu, however, submitted that the matter was
not ripe for hearing and that the court should give specific
direction on the time allotted for filing and exchange of
processes.
Counsel to Oyegun, Chief Akin Olujimi (SAN) aligned with the
submission of Daudu.
Read more https://www.nairalaw.com/bbuharis-comments-carry-no-weight-apc-tells-court/