Fresh trouble hits APC, as court stops March 26 National Convention

Barely a week after the Independent National Electoral Commission (INEC) disassociated itself from the planned National Convention of the ruling All Progressives Congress (APC), a Federal High Court of the FCT sitting in Abuja, Monday, restrained the party’s Caretaker and Extra-ordinary Convention Planning Committee (CECPC), to stop the event from holding on March 26 ‘or at any other date either before or after pending the hearing and determination of the suit.’

The plaintiff, Salisu Umoru in the suit marked FHC/HC/CV/2958/2021, dragged the (APC, the Chairman of the Caretaker Extraordinary Convention Planning Committee and Governor of Yobe state, Mai Mala Buni and INEC before the court to challenge the planned convention.

In the motion number FCT/HC/M/9655/21, Umoru prayed the court for an order interlocutory injunction ‘restraining the 1st and 2nd defendants, allies, agency, representative, associates or whoever is acting for them through or through them from organising, holding or conducting a National Convention of the APC in January and February or at any other date either before or after pending the hearing and determination of the suit.’

After listening to counsel, Justice Bello Kawu of the court granted the order and restrained the APC from going ahead with the convention and also warned that ‘the subject matter of the case is now subjudice and must not be tampered with.

Already, a contempt application has been filed before the court against the March 26 National Convention of the party.

While 30th March, 2022 was fixed for the continuation of hearing of the substantive suit, no date has been fixed for the commencement of contempt proceedings against the APC.

The claimant also commended INEC for standing by the provisions of the law and the order of the court which is still in force.

Explaining its decision to decline an invitation to attend the APC NEC meeting in Abuja, INEC in a response, dated March 9, signed by its Secretary, Rose Anthony, titled; ‘Re: Invitation to the emergency meeting of the National Executive Committee’ and addressed to the National Chairman, APC Caretaker and Extra-ordinary Convention Planning Committee (CECPC), drew the attention of the APC CECPC to the fact that the letter of invitation was not signed by Gov. Mai Mala Buni, National Chairman APC CECPC and its Secretary, Sen. John Akpanudoedehe.

This, it said, was contrary to the provision of the Article 1.1.3 of the commission’s Regulations and Guidelines for Political Party Operations (2018), while also reminding the party those who wrote and signed the letter of the provision in Section 82(1) of the Electoral Act 2022.

It said the section required ‘at least 21 days’ notice of any convention, Congress, conference, or meeting convened for the purpose of merger and electing members of its executive committees, other governing bodies or nominating candidates for any elective office.

It urged the APC to note the key issues raised for compliance.

Following the issues raised by INEC, clouds have now emerged the proposed National Convention of rhe party, earlier slated for March 26, this year in Abuja.

“Please refer to your letter Ref.APC/NHDQ/INEC/019/022/32, dated 8th March 2022.

“The commission draws your attention to the fact that the notice for the meeting was not signed by the national chairman and national secretary of the CECPC.

“This is contrary to the provision of the Article 1.1.3 of the commission’s Regulations and Guidelines for Political Party Operations (2018).

“Furthermore, the APC is reminded of the provision in Section 82(1) of the Electoral Act 2022, which requires ‘at least 21 days’ notice of any convention, congress, conference, or meeting convened for the purpose of ‘merger’.

“And electing members of its executive committees, other governing bodies or nominating candidates for any elective office.

“While hoping these issues are noted for compliance, please accept the assurance of the commission’s warm regards,” INEC’s letter read.

However, the ruling APC has responded to the rejection of its earlier invitation by INEC, explaining that ‘its legal department is sorting out all legalities regarding a letter of invitation sent to INEC to monitor its forthcoming National Executive Committee, NEC meeting.’

The APC spokesperson and National Youth leader of the party’s Caretaker and Extraordinary Convention Planning Committee (CECPC), Mr. Ismail Ahmed, said this in a press briefing with journalists at the party’s Headquarters in Abuja, Thursday.

Ahmed insisted that they have sent a notice to INEC regarding the meeting.

“What is the status of the NEC meeting that we signed. Professor Tahir Maman, overseeing the Legal Department, would address you once we clarify all these issues, but we have sent a notice out for the NEC meeting. We are still on that.” Ahmed said.

“We have served a notice to INEC for February 26 earlier. We served that notice on February 5, which was the required 21 days. If you will make any change to that date, all you need is a letter, making a change to the date. You don’t need another 21 days, and that letter was since written about two weeks ago, when we realised we couldn’t hold it on February 26.

“The moment, the CECPC agreed on March 26, that letter was written to INEC, INEC has accepted that letter. So that is long gone is not an issue. The date of the convention is not in question, not in INEC, not certainly with us. That is settled It is sacrosanct that March 26 and we have to comply with all the rules and we have notified INEC as appropriately expected for us to do that,” he said.

On the current position of Governor Mai Mala Buni as the APC Caretaker Committee Chairman, Mr. Ahmed, who said the governor was only on medical leave and would resume soon, advised the public not to doubt the fact of the governor’s medical leave.

He explained that since the inauguration of the CECPC on June 25, 2020, Governor Abubakar Bello of Niger had always acted in Governor Buni’s absence.

“It has always been the case; that has never changed. It has always been the case.

“And now we have a convention on March 26; the chairman wrote a letter to go for medical treatment and transmitted power to Bello.

“These are two emergencies. He has a medical emergency that cannot wait for the convention. We have a convention that cannot wait for him to be healthy, so one must leave for another.

“Gov Bello has been acting appropriately, and there is no problem about that,” Ahmed explained.

He emphasised that Governor Bello was acting as the APC National Chairman in place of Buni with the full authority of the APC CECPC, party’s stakeholders, leaders and with the full consent and knowledge of Governor Buni.

Meanwhile, the main opposition, the Peoples Democratic Party (PDP) has claimed that the non-recognition of the activities of the All Progressives Congress (APC) by the Independent National Electoral Commission (INEC) further confirms its position that the ruling party ‘lacks the legitimacy and statutory requisites to participate in the 2023 General Elections.’

The PDP was reacting to Thursday’s decline by INEC of an invitation extended to it by the APC to attend the party’s emergency National Executive Council (NEC) meeting slated for Friday.

PDP, in a statement by its National Publicity Secretary, Hon. Debo Ologunagba, Friday, insisted that INEC’s refusal to honour APC’s invitation to attend its emergency NEC meeting, as well as, the Commission’s disapproval of APC’s National Convention scheduled for March 26, 2022 further authenticates its stand that the ruling party ‘is a Special Purpose Vehicle (SPV) in liquidation, preparatory to winding up, that cannot legally produce candidates for the elections.’

“This decision by INEC is therefore another unmistaken ‘red flag’ to intending aspirants on the platform of the APC in the 2023 general elections that the APC has become defunct and cannot validly, legally and constitutionally field candidates in the 2023 general elections.