A Division of the Appeal Court sitting in Abuja has issued an order restraining the National Assembly from imposing statutory delegates at the All Progressives Congress (APC) convention slated for today.
In a ruling Monday, Justice Haruna Tsammani , also stopped the enforcement of the judgement of a Federal High Court in Kano delivered on June 3 granting the enforcement of amended of Section 84(8) of the Electoral Act, 2022.
The ex parte application by the National Chairman of the APC, Abdullahi Adamu, moved by A.A. Popoola and Karma Fagbemi, had pleaded with the appellate court to stay the execution of the judgment of the high court delivered by Justice A.M. Liman in suit number FHC/KN/CS/137/2022 permitting Senator Mas’ud El-Jibrin Doguwa, Habila Sani, Bilyaminu Yusuf Shinkafi, the Senate, the Speaker of House of Representatives and the Independent National Electoral Commission (INEC) to enforce the amendment.
Justice Tsammani further ordered the service of processes of the order by substituted means against the parties in the matter and adjourned hearing of the motion on notice for stay of execution to June 9.
The APC chairman had contended that the Section 84(8) of the Electoral Act on statutory delegate’s participation in the primary, which amendment was still pending Mr President’s assent was not in conflict with Section 223 of the Nigerian Constitution of 1999 and Article 20(iv) of the APC Constitution.