Abuja Court dismisses suit seeking Ganduje’s removal as APC national chairman

The Federal High Court in Abuja has dismissed a lawsuit seeking the removal of Dr. Abdullahi Ganduje as the National Chairman of the All Progressives Congress (APC).

In his ruling, Justice Ekwo upheld the preliminary objections raised by the 2nd and 3rd defendants, which centred on the claimant’s lack of standing to bring the case.

The 2nd defendant argued that the claimant did not have the necessary locus standi (legal standing) to file the suit. The judge agreed with this argument and dismissed the case on these grounds.

Additionally, the 3rd defendant pointed out that the entity named in the lawsuit, the “Northern Central APC Forum,” was not a registered body. Justice Ekwo concurred, noting that the claimant failed to provide a certificate of registration from the Corporate Affairs Commission (CAC) to prove its legal status.

Based on this, Justice Ekwo ruled that the APC group lacked the legal authority, or juristic personality, to file the suit since it was not a registered entity.

He also emphasized that the claimant had not exhausted internal party mechanisms for resolving disputes before resorting to legal action, which further invalidated the case.

Additionally, he held that there was no cause of action against the defendants since the plaintiff has no power under any known law to institute any case in any Nigerian court, while he added that the appointment of officers for APC by its National Executive Committee is an internal affair of the party, which no court can dabble into.

He hence proceeded to dismiss the suit.

He said, “I hereby dismiss this suit for lack of juristic personality of the claimant.

“The claimant has no locus standi to institute the suit and I make an order striking out the suit for lack of locus standi.

“The subject matter is an internal affair of the political party, I hereby strike out the suit for lack of locus standi.”

The North Central APC Forum, led by Saleh Zazzaga, who is the plaintiff in the suit marked: FHC/ABJ/CS/599/2024, is challenging the propriety of Ganduje’s appointment as the APC National Chairman when he is not from the North Central geopolitical zone.

The plaintiff had sued Ganduje, the APC, and the Independent National Electoral Commission, INEC, before the court, praying for nullification of Ganduje’s appointment by the APC on the ground of gross violations of the party’s Constitution.

The plaintiff, in the suit, contended that the APC National Executive Committee breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geopolitical zone to replace Senator Abdullahi Adamu from Nasarawa State in the North Central geopolitical zone.

They further argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) of the APC Constitution and ultra vires the powers of the NEC of the party.

The plaintiff, therefore, approached the court to, among others, bar Ganduje from further parading himself as the APC National Chairman.

The plaintiff also asked the court to issue an order directing the Independent National Electoral Commission not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.

The Forum of All Progressives Congress State Chairmen passed a vote of confidence on Ganduje.

The delegation of 37 state APC chairmen gave the endorsement during a solidarity visit to the party secretariat in Abuja.

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