A High Court of the Federal Capital Territory (FCT) has restrained the All Progressives Congress (APC) from proceeding with its planned national convention until the case against the party pending before the court is heard and determined.
The plaintiff in the suit marked FHC/HC/CV/2958/2021, Salisu Umoru, dragged the party, its Chairman Caretaker Extraordinary Convention Planning Committee and Governor of Yobe state, Mai Mala Buni and the Independent National Electoral Commission(INEC) before the court to challenge the planned convention.
In the motion number FCT/HC/M/9655/21, the plaintiff prayed the court for an order of interlocutory injunction restraining the 1st and 2nd defendants, allies, agency, representative, associates or whoever that is acting for them or through them from organising, holding or conducting g National Convention of the APC in January and February or at any other date either before or after, pending the hearing and determination of the suit.
After listening to counsel in the matter, Justice Bello Kawu granted the order Friday and restrained the party from going g ahead with the convention and also warned that the subject matter of the case is now subjudice and must not be tampered with.
Already, a contempt application has been filed before the court against the March 26 national convention of the party.
The claimant informed the court that “the mere inauguration of sub-committees for the March 26 National Convention when the order of the honourable court is in force is a demonstration of disdain for the rule of law in the country.”
While 30th March, 2022 was fixed for the continuation of hearing of the substantive suit, no date has been fixed for the commencement of contempt proceedings against the APC.
The claimant also commended INEC for standing by the provisions of the law and the order of the court which is still in force.
INEC, had last week, wrote to the APC, insisting that the commission did not recognise Niger state Governor Abubakar Sani-Bello’s leadership, and also informed the APC that it did not perform one of the requisite requirements for a valid NEC meeting or National Convention.
In the letter signed by Rose Oraran Anthony, Secretary to the Commission, the attention of the APC was drawn to section 82(1) of the electoral act which provides, “Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.”
The implication of the above provision is that the APC will have to send a fresh letter of 21- Day notification to INEC the moment the court order is vacated in order to hold its national convention.
Senior lawyers who spoke to Blueprint also highlighted that the inability of APC to vacate the court order and send the 21-day notice in fulfilment of the requisite constitutional requirements would render the party’s March 26 national convention invalid in the eyes of the law.
It was also noted that the party leadership risked imprisonment for contempt of court when they went ahead with convention plans against a subsisting court order restraining the party from doing so.
Some of the senior lawyers have also advised the APC to postpone the National Convention indefinitely and focus on the forthcoming primaries so as to produce candidates for the 2023 General Elections.
A group, the APC Youth Development and Solidarity Network, had earlier alerted Sunday that some selfish individuals and group in the ruling party had plans to influence a court injunction against the chairman and CECPC members in the sum of N5billion.
Speaking at a press conference, Hon. Tobias Ogbeh, the group’s secretary-general said the ultimate was to cause an embarrassment to President Muhammadu Buhari, who nullified the leadership change and warned governors to stop backstabbing their colleague.
Buni in charge
Meanwhile, there are indications that after the tension occasioned by the purported sack of Buni, President Buhari has maintained that the Yobe state governor would lead the party to its national convention.
In an unexpected U-turn following the president’s disposition to the crisis, many of the governors are now queuing behind Buni, even though only six of them, including Kaduna state Governor Nasir el-Rufai, moved against him in the heat of the wrangling.
Seven of the governors were neutral, while another nine strongly stood with Buni.
Going by the president’s clear language, Saturday, it became obviously clear he wasn’t backing any candidate for the party’s chairmanship and would not prevent any interested person from running for the nation’s presidency in 2023.
In no unmistakable terms, Buhari declared that the party leaders’ focus should be more on the next president and not who the party chair, stating that whoever emerges chairman would not have any effect on aspirants.
The president had said: “None of the declared aspirants and any of those that may step forward will change because of who may be in the party in the chairman’s seat. It is essentially the same party.”
In what could be likened to a palace coup, Sani-Bello took over party affairs at the national headquarters after announcing himself as the acting party chair.
The development clearly generated animosity among APC governors and major stakeholders.
And at the height of the confusion, INEC wrote rejecting the invitation from the Bello-led CECPC, asking the commission to be part of the National Executive Committee(NEC) of the party to ratify the new leadership.
To arrest the trend, some inner caucus of the Buhari Presidency met with the president in London where he is currently on medical vacation.
In the team were Minister of Justice and Attorney-General of the Federation Abubakar Malami (SAN), that of Education and Aviation, Mallam Adamu Adamu and Hadi Sirika respectively, as well as a former member of the House of Representatives, Hon. Faruq Adamu.
A source told Blueprint: “The President, after he was properly briefed by his powerful associates, gave a matching order for Buni to immediately resume the leadership of the ruling party and see to the smooth conclusion of the national convention.”
It was also gathered that the President denied endorsing former Nasarawa state Governor Abdullahi Adamu for the party’s top job, contrary to insinuations making the rounds.
Also at the meeting, it was gathered that the discussion around who takes over as the next party chair came up, as the ministers were said to have asked Buhari if he was backing Adamu for the party’s top job.
The president reportedly dispelled such rumour, saying all he wanted was a “a smooth, democratic and popular contest that will lead to the birth of a brand new National Executive Committees (NEC) of the party.”
“This explains the reason the statement was released by the presidency calling for caution and decorum among the political class,” the source further said..
Also at the meeting, a minister was reported to have said it would be a major blow and act of betrayal against Saliu Mustapha and Senator Tanko Al-Makura(both national chairmanship candidates) who, in the face of overwhelming temptations, remained loyal to the CPC structure from as far back as 2010 till date.
“Mustapha for example had been with us since the days of the TBO (The Buhari Organization). He rose through the ranks to become the National Deputy Chairman of the defunct CPC. We know him, we know his capability and we can trust him enough to navigate the party through the stormy waters,” the source said.
“Neither of them failed or faltered since then. So, how do you morally explain a purported endorsement of someone that we hardly know within our ranks, someone that does not enjoy popular support?” the source asked rhetorically.
“There is no how Adamu, as the national chairman would give the duo of Sule and Almakura any breathing space in the party. He will naturally want to consolidate his political base, and that may mean the end of the 2nd term ambition of the Governor and the political career of Sen. Almakura,” it was further gathered.
While Almakura, a serving senator from Nasarawa, represents the older ranks, Mustapha, 49, who once served as the deputy national chairman of the CPC, is widely accepted amongst the political gladiators of the party.
Zoning to be altered?
Prior to the injunction stopping the convention, it was gathered that APC may tamper with the zoning arrangement earlier released ahead of its national convention earlier slated for March 26 in Abuja.
The said March 26 national convention, it was also gathered may not be sacrosanct as announced because of factors sources considered as “delicate matters” before the party.
A source told our correspondent that after the London meeting with the president there may be a little review in the zonal formula earlier announced by the party.
The party had zoned national chairman and national secretary to North-central and South-west respectively, among others.
But the source said: “We understand that Mr. President had met with some governors and top party members in London over the leadership crisis rocking our party. We also learnt that the meeting will give direction to the Caretaker Committee going forward.
“The shocking development is that the zoning arrangement as released by the party might be reviewed after a second look into it. The President is said to be considering agitations and arguments of a particular zone regarding one of the National Working Committee (NWC) position in order to allow fairness and equity in the party.”
To hit Saraki, Tambuwal on defection
Meanwhile, in a tit-for-tat move, Blueprint has learnt that the ruling party was considering taking a legal action against all defectors who left the APC with its mandate to the opposition Peoples Democratic Party (PDP).
Prominent among the target defectors are governors of Sokoto, Benue and Edo states, Aminu Waziri Tambuwal, Samuel Ortom and Godwin Obaseki respectively.
The governors were formerly elected during their first term on the platform of APC but defected to PDP in order to secure ticket for their second term while still in office as APC elected governors.
The party is also said to be considering some prominent former lawmakers like former Senate President Bukola Saraki for sanction by court of law for taking its mandate to opposition.
The said move is coming in the wake of the Federal High Court’s judgement that sacked Governor Dave Umaih of Ebonyi state from office on account of defecting to APC.
Confirming the development to our correspondent, a senior member of the party said: “We would have filed process in the court since last week if not for leadership crisis in the party.
“It is true the party is in the process of instituting a suit against some governors who defected from our party to the opposition PDP. The action would have since commenced but for leadership crisis.
“I can tell you that we have concluded consultations with a team of lawyers, as soon as the ongoing leadership crisis is resolved we hope to commence the action,” the source said.
