The continuous retention of all executive officers of the Allied People’s Movement (APM) by a Federal High Court in Abuja has been declared ultra vires, unconstitutional, illegal, and a direct affront to the Electoral Act, 2010.
The holding officers of the party (APM) were found to be in violation of the party’s constitution, thus declaring their seat unconstitutional and devoid of due process.
On May 20, 2022, he issued his decision.
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The plaintiffs, Imuseh Ome Ebere Mercy and Hon. Kukang Ken Barine, brought an action before the court in FHC/ABJ/CS/1253/21, via an originating summons dated October 20, 2021, where they disputed some issues for the court to decide.
The plaintiffs argued that the Allied People’s Movement’s executive officers’ continued stay in the country was illegal.
The plaintiffs claimed that the executive officers were appointed without consulting the party’s constitution and conventions as required by section 9.
Enyinnaya Eme, Esq, counsel for the plaintiffs, told reporters in Abuja that section 9 of the APM constitution states, “Every position of the party shall be held by democratically elected officers of the party.”
He also cited Section 223 of the 1999 constitution, which states, “Every political party’s constitution shall provide for periodic elections to elect their national executives.”
As a result of the plaintiffs’ originating summons, Justice Okorowo declared that the office of the 1st defendant (APM) had become vacant by operation of law for failure to organise a convention that would usher in democratically elected officers of the 1st defendant and thus occupying their various positions illegally.
“An order is hereby made directing the 1st defendant to manage the 1st defendant’s affairs for three months within which they must conduct ward, Local Government, state, and national Congresses that will usher in democratically elected officers of the 1st defendant,” Justice Okorowo continued.
“An order is hereby made directing the 4th defendant to monitor and supervise all of the 1st defendant’s congresses to be organised by the 1st defendant’s Registered Trustees.”
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“An order is hereby made directing the 1st defendant’s Registered Trustees to give the 4th defendant at least 21 days’ notice of the said convention’s conduct.”
The APM, Chairman, Board of Trustees, APM, the National Chairman, APM, and the Independent National Electoral Commission, for the 1,2,3,4 defendants, are the defendants in the case.
