Justice Taiwo Taiwo of the Federal High Court Abuja Wednesday, declared that that a suit filed by a Youth Leader, Kalu Kalu, challenging the sack of the Adams Oshiomhole led National Working Committee (NWC) of the All Progressives Congress (APC) was not a pre-election matter and to that effect, not time-bound.
While delivering ruling in the matter, Justice Taiwo Taiwo, held further that contrary to the argument of the plaintiff, the matter was not a pre-election matter and to that effect, was not time-bound.
The Judge said, “This matter is not a pre-election matter according to Section 285 (14) of the Electoral Act 2010(as amended), it is not time bound. Therefore, it does not qualify as a vacation matter which the court should waste its time on,”
“This application is refused and same dismissed,” said the Judge.
Justice Taiwo added that the plaintiff had failed to show the court how he would be denied fair hearing if the matter was not taken during the court’s vacation.
He said since the substantive matter had yet to be heard, the court would bear the cost.
Earlier in his arguement, counsel to the second and third defendants, M.I. Balogun, and Peace Nwosu had requested for a cost of N50,000 each.
The substantive matter has since been adjourned until Oct. 19 for hearing.
In the substantive matter, Kalu, a Youth Leader of the APC in Abia is challenging the powers of the National Executive Council (NEC) to sack the Oshiomhole-led NWC barely two years out of their constitutionally guaranteed four -year tenure.
The plaintiff asked for an order of court setting aside the dissolution of the NWC by APC’s NEC meeting held at the Presidential Villa in June.
He is also praying the court for an order restraining the National Caretaker Committee members led by Gov. Mai-Mala Buni from parading themselves as national officers of the APC.
He also wants the court to restrain them from usurping the functions of the party’s NWC.
Respondents in the case are the Independent National Electoral Commission (INEC), APC, Gov. Buni, Isiaka Oyebola, Ken Nnamani, Stella Okorete, Gov. Sank Bello, Mr James Lalu and Sen. Abubakar Yusuf.
Others are Mr Akinyemi Olaide, David Leon, Prof. T Mamman, Isiaka Ahmed and Sen. Akpan Udoedehe.
