A lawsuit to remove Abdullahi Ganduje from his position as National Chairman of the ruling All Progressives Congress (APC) was dismissed by a Federal High Court in Abuja.
Judge Inyang Ekwo rendered a decision yesterday, ruling that the plaintiff, the APC North Central Group, under the leadership of Alhaji Saleh Zazzaga, did not have the locus standi, or the legal authority, to bring the lawsuit.
Because the plaintiff did not register as a juristic person with the Corporate Affairs Commission (CAC), as required, Justice Ekwo found that the plaintiff lacked the legal ability to approach the court on the challenged issue.
The judge determined that the lawsuit’s subject matter pertains to the political party’s internal affairs.
Justice Ekwo further held that the National Executive Committee (NEC) of the APC appoints officers, and that this is an internal party matter that no court may get involved in.
The Independent National Electoral Commission (INEC), Ganduje, and the APC were named as defendants in the lawsuit in which the judgement was rendered.
“in this case, the plaintiff, having not established that it is an incorporated body, has no power to sue in the first place. This action (case) fails on this leg of locus standi”.
He added: “I, therefore, resolve the issue of locus standi against the plaintiff and in favour of the first and second defendants. By this resolution, the issue of locus standi respectively raised by the first and second defendants is hereby resolved in their favour.
“On the issue of this action being an internal affair of second defendant; internal affairs of an association of which a political party, such as the second defendant (APC) is one, refer to matters involving the inner workings of the association.
“It is known jurisprudence that the court will not dabble into the inner workings of a political party and must allow the political party to be guided by its constitution and the acts of its majority members.
“The practice of the court is not to run associations (corporations and unincorporated associations) for the members. It leaves the members to run the association.”
In addition, Justice Ekwo ruled that the APC’s National Executive Committee (NEC) had the authority to revoke Ganduje’s nomination, regardless of whether it was made in line with the party’s constitution. The NEC, not the court, could do this.
“I find, therefore, that that the act complained of by the plaintiff is indeed within the realm of the internal affairs of the second defendant, and the court cannot interfere.
“On the whole, I find that the plaintiff has no juristic personality, lacks locus standi and the subject matter of this case is an internal affair of the political party and the court ought not to interfere.” He stated.
It said that when Ganduje from Kano State in the Northwest was chosen to succeed Senator Abdullahi Adamu from Nasarawa State in the North Central, the APC NEC had violated the party constitution.
The lawsuit further argued that Ganduje’s appointment to succeed Abdullahi went against Article 31.5(1) f of the APC constitution and exceeded the authority of the NEC of the party.
Ayuba Abdul, the plaintiff’s attorney, responded to the ruling by stating that his client will appeal it.
“I am not surprised the way the judgement has gone,” Zazzaga added in response to the court’s decision. “We will, nevertheless, appeal the ruling,” he added.
