An Anambra State High Court on Wednesday nullified the All Progressives Congress state, local government and ward congresses held in January 2022 in the state.
A total of 18 sacked chairmen of local government and ward of the party had gone to court seeking a declaration that their tenure as local government and ward chairmen still subsists.
In suit no: 2022 A/3/2022 led by Mr Emeka Ibe, the former caretaker chairmen and ward representatives challenged the validity of the party’s congress in January when their tenure had not ended.
APC and the Governor Buni led-caretaker committee were the defendants
The Senator Andy Uba-led group, backed by the national body, conducted the state’s APC congress in January, which produced Chief Basil Ejidike as the state chairman.
The appellants, through their counsel, Patrick Ikwueto (SAN) in a motion urged the court to nullify the just-concluded APC congresses for contempt of court.
Ikwueto prayed the court to nullify the Anambra state APC congresses that produce Chief Basil Ejidike and others and reinstall the caretaker committee members to complete their tenure.
He further argued that the caretaker committee members were assured that they would act for four years.
He, therefore, challenged the respondents to present any iota of evidence that says otherwise regarding the tenure system of the appellants.
Objecting to the motion, the counsel to the respondents, Onyekachi Ikpeazu (SAN), asked the court to discountenance Ikwueto’s application and maintain the status quo pending the determination of the substantive suit.
Ikpeazu reminded the court of the enormous constitutional powers of the NEC to empower, create, elect and appoint any committee as the case may be.
He noted that since December 2020, the National Executive Council of APC dissolved the Adams Oshiomhole National Working Committee to polling unit level and the Independent National Electoral Commission (INEC) are very much aware.
He queried why the appellants did not challenge the NEC decisions in any court of competent jurisdiction since.
According to him, two years after, they inordinately approached the court after all other states in Nigeria had conducted their you congresses last year, though Anambra State congresses were shifted to this year due to the last gubernatorial election.
Ikpeazu argued that there were many fundamentally fatal flaws in the case of the appellants, which rested the basis for its dismissal.
However, in a judgment on Wednesday, Justice Ike Ogu granted all the nine prayers sought by 18 local government chairmen and 13 ward chairmen representing 326 wards in the state, finding as a fact that the appellants being bonafide members of APC possess the locus standi to pursue their case.
This was against the contention of the respondents, the APC in its counter affidavit, claiming that the 18 local government chairmen are no longer members of the party as they have defected to other political parties.
But Justice Ogu held that the assertion, rather than being proven, the respondents admitted in contradiction while leading evidence that the 18 local government chairmen are members of APC.
The judgement also discountenanced the claim by APC that appellants on record cannot represent the interest of 318 ward chairmen as the latter did not sign as witnesses holding that none of the 318 ward chairmen challenged the deposition of the LG party chairmen.
Having established that the appellants had the locus standi, the court held in the substansive matter that APC did not follow the letters of its constitution when it converted the elected chairmen’s tenure into a caretaker position.
Going further the court declared that ”truncating the tenure and duration of their office is against the spirit of the constitution of the party APC and their right as guaranteed in the Nigerian constitution 1999 as amended.”
The court also held that ”the appointment of the elected members of the plaintiffs into a caretaker government does not eliminate their right and vested interests, as doing so will be injurious to their career”
The court therefore upheld the rights of the appellants to a complete four- year tenure as guaranteed by the APC constitution.
“Anything done against that (four- year tenure) is against the spirit of the the party constitution which did not give the defendant authority and power to do so,” Justice Ogu declared
Coming down heavily on the APC, the court ruled that the respondent ”having deliberately faulted the court’s order for stay, and having been properly served, is in defiance of the authority of the court, therefore all actions and congress purported to have held in ward, local government and state levels by the defendant or conducted by the defendants as mentioned in the dates of the the ward, local government and state congresses is hereby annulled and is of no consequence”
The court went on to order that the 2018 elected local government chairmen and ward chairmen shall remain the authentic recognised chairmen in their various localities until they complete their terms and tenure which expires in June and August respectively.
The court therefore ordered the respondents to continue to recognise the authority of the appellants until their term expires.
”All shall and shall revert to their 2018 elected positions till their term expires in August 2022,” the trial judge held.
He awarded a cost of N100, 000 in damages against the respondents.
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