The suit seeking the removal of Dr. Abdullahi Ganduje from his position as the National Chairman of the All Progressives Congress (APC) has been dismissed by the Federal High Court in Abuja. The court's decision was delivered on Monday, bringing an end to the legal challenge that had questioned Ganduje's appointment to the prominent role within the party.
Justice Inyang Ekwo, who presided over the case, provided a detailed judgment in which he dismissed the suit filed by the North Central APC Forum, a group led by Alhaji Saleh Zazzaga. The judge's decision was based on the lack of locus standi, meaning that the plaintiff, the North Central APC Forum, did not have the legal standing or right to bring the lawsuit. This lack of standing ultimately led to the dismissal of the case.
In his ruling, Justice Ekwo emphasized that no credible evidence was presented to demonstrate that the North Central APC Forum was a registered entity with the Corporate Affairs Commission (CAC). He pointed out that the group's name was not recognized by law, further undermining their legal capacity to bring the case before the court.
The judge also highlighted that the group is not a juristic person, meaning it does not have the legal personality required to be involved in such legal matters. He noted that the issues raised in the case pertained to the internal affairs of the APC, which are generally considered outside the purview of the court unless they violate specific laws or constitutional provisions.
Justice Ekwo clarified that the process of appointing or removing the party’s national chairman is a matter that must be handled through a national convention, as stipulated by the party's constitution. This decision reinforces the autonomy of the party in managing its internal leadership decisions, provided they are conducted within the framework of the law.
Despite the court's ruling, the group's lawyer, Ayuba Abdul, expressed dissatisfaction with the judgment and vowed to appeal the decision. In a conversation with newsmen after the ruling, Abdul stated his intention to challenge the judgment at a higher court.
Alhaji Saleh Zazzaga, the leader of the North Central APC Forum, echoed his lawyer's sentiments, expressing his disappointment but also his resolve to pursue the matter further. “I am not surprised the way the judgment went. However, we will appeal the decision,” he said, indicating that the legal battle may continue.
The News Agency of Nigeria (NAN) reported that Justice Ekwo had initially scheduled the judgment for September 18 but had to reschedule the ruling for a later date, leading to the final decision being delivered on the specified Monday.
The North Central APC Forum had filed the suit, identified as FHC/ABJ/CS/599/2024, challenging the propriety of Ganduje’s appointment as the Chairman of the APC. The group argued that Ganduje's appointment was inappropriate because he hails from Kano State, located in the North West geo-political zone, while the previous chairman, Sen. Abdullahi Adamu, was from Nasarawa State in the North Central geo-political zone.
In their suit, the plaintiff listed Ganduje, the APC, and the Independent National Electoral Commission (INEC) as the first, second, and third defendants, respectively. They sought an order restraining Ganduje from continuing to act as the APC chairman, citing the alleged violation of the party's constitution.
The group also requested that the court issue an order directing INEC not to recognize any actions taken by the APC under Ganduje's leadership, including the organization of congresses, primaries, and nominations. They contended that Ganduje's appointment violated Article 31.5(1) f of the APC constitution and was beyond the legal powers of the National Executive Committee (NEC) of the party to enforce.
