The continued 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 violation of the Electoral Act, 2010.
The seat of the party’s holding officers (APM) was declared unconstitutional and void of due process by Judge Donatus Okorowo.
On May 20, 2022, he made his decision.
The plaintiffs, Imuseh Ome Ebere Mercy and Hon. Kukang Ken Barine, filed a lawsuit in FHC/ABJ/CS/1253/21, in which they disputed some issues for the court to decide.
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The plaintiffs argued that the Allied People’s Movement’s executive officers’ continuous stay was unlawful.
The plaintiffs claimed that the executive officers were appointed without consulting the party’s constitution and conventions as required by section 9 of the constitution.
Enyinnaya Eme, Esq, counsel for the plaintiffs, told journalists in Abuja that section 9 of the APM’s constitution states, “Every position of the party shall be held by democratically elected officers of the party.”
“Every political party’s constitution shall provide for periodic elections that will elect their national executives,” he added, citing Section 223 of the 1999 constitution.
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 due to the 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 during 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.
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“An order is hereby issued 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.”
“An order is hereby issued directing the 1st defendant’s Registered Trustees to provide the 4th defendant with 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 this case.
