This is not the best time for the All progress party in Nigeria.
As the party gears up for its national convention, the ruling party is now grappling with a potpourri of court cases
A 100 members of the APC Caretaker Committee chairman and Chairman of the extra ordinary conventional planning Committee, , Governor Mai Mala Buni, AGF Abubakar Malami, INEC & others are being sued by about 100 members of the party.
The members are seeking for the dissolution of the 13 member Caretaker Committee and nullification of all their actions.
In an Originating Summons registered as Suit No: FHC/ABJ/CS/938/2021 as well as a Motion for Interlocutory Injunction filed by their lawyer, Mr Samuel E. Irabor at the Federal High Court, Abuja on Wednesday, 18th August, 2021, the Plaintiffs are seeking a dissolution and nullification of all the actions of the APC Caretaker Committee on the following grounds:
That the 13 members Caretaker Committee falls short of the constitutionally required 24 members spread across not less than two-third of the 36 States and the FCT for any governing body of a political party, whether substantive or acting, as stipulated under Section 223(2)(b) of the 1999 Constitution (as altered).
Another ground the members are asking the court to make a pronouncement on is hat the headship of the Caretaker Committee by a sitting Governor holding dual executive offices is prohibited by Section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, 2014 (as amended)
Among other prayers of the aggrieved members are that by Article 13(4)(xvi) of the APC Constitution, 2014 (as amended) only the National Working Committee rather than the NEC of the party can constitute a Caretaker Committee in whatever form, nature or guise.
In addition thta, the Attorney General of the Federation, Mr Abubakar Malami, SAN, who administered oath of office on Gov. Mai Mala Buni of Yobe State as purported Caretaker Chairman lacks the powers to do so under any provision of the APC Constitution, 2014 (as amended) as he is neither a member of the National Working Committee or even a member of the NEC of the APC.