C’River APC: Court orders NWC to recognise Etim-led state exco’s congress list for 2019 election

A High Court of the Federal Capital Territory (FCT), Abuja yesterday ordered the National Working Committee (NWC) of the All Progressive Congress (APC), to accord recognition to the list of candidates for the 2019 general election in Cross River as submitted by the Etim John-led state executive of the party.

Justice Usman Othman, gave the order in his judgment in a suit filed by three aggrieved chieftains of the party in the state, Sylvester Okpo , (APC Cross River South Senatorial , Vice Chairman), Eugenia Takon, (APC Cross River State ex-officio) and Charles Asim (APC Cross River state youth leader).

The party chieftains had brought the action for themselves and on behalf of all the executives and delegates at the Cross River State APC ward local government and state congress held on May 5, 12 and 19, 2018 had joined APC as the only defendant.

They prayed the court in the suit marked FCT/HC/BW/CR/106/18 to among others, declare that the APC cannot lawfully nullify the election of the Cross River state executives , duly elected during the state congress organized on May 19, 2018 by the Cross River State congress committee.

The said committee, according to the claimants, was duly appointed by the defendant and led by Hon. Adamu Hussyne as Chairman.
The election was held in compliance with the Constitution of the party, under Article 20 of the Constitution of the APC, 2014 (as amended ),executives,considering that there is no lawful complaint pending against the election, the Appeal Committee of the APC having found no irregularity against the election.

Before judgment was delivered, the APC had in a notice of preliminary objection, challenged the territorial jurisdiction to adjudicate on the matter were the cause of action did not arise in Abuja.

In another leg of the objection, they argued that the subject matter of the litigation was an internal affairs of the party.
However, Justice Usman Othman knocked off the argument on the ground that the statute which created the court, empowered it to entertain such matter.

Besides, it is the position of the court going by the originating summons before the court, the issue at stake was a breach of the constitution of the party, and hence could not be described as an internal affair of the party.

The claimant had earlier asked the court to decide whether in the light of the lawfully conducted Cross River State Wards/Local Government Congress held on 11th, 12th and 15th and 16th, May, 2018 respectively by Major A.T Umaru (rtd) and Barr Ambrose Egwunatum and the state Congress committee duly appointed by the defendant, the defendant can nullify the state congress in contravention of the provisions of its constitution.

They further asked the court to determine whether the NWC of the defendant has the power to remove the Cross River State executive of the defendant, duly elected in compliance with the Constitution of the defendant, under Article 20 of the Constitution of the APC, 2014 (as amended ).

However, in his Congress, the court held that the ward, local government affair and state congresses held on 11/12, 15/16 and 19 of May 2018 respectively conducted by the ward, local government and state congresses committee duly appointed by the defendant are valid, lawful and in compliance with Article 20 of the Constitution of the APC, 2014/(as amended).

The court in addition held that the claimants who were duly elected as the Cross River state executives in the election held on May 19, 2018 are entitled to four years tenure in office as provided by the party’s constitution.
Also, the court said that neither the APC, nor any of its organs, including the NWC can lawfully interfere with the result of the election of the Cross River State executives or annul the Congresses.

The court however granted an order nullifying the decision of the NWC of APC made on August 1, 2018 which purported to cancel or annul the state congress of the defendant in Cross River State conducted on May 19, 2018.
The court also granted an order of perpetual injunction restraining the defendant, including its NWC from interfering with the tenure, rights and duties of the claimants as the Cross River State executives.