APC Presidential Primary: Court Okays Statutory Delegates To Vote In Conventions
A Federal High Court sitting in Kano State has ruled that statutory delegates are constitutionally qualified to participate in all meetings, congresses and conventions of any registered political party in Nigeria.
The court gave the judgement in a suit filed by Mas’ud El-Jibrin Doguwa, Habibu Sani and Bilyaminu Yusuf Shin’Kafi, (all aspirants of the ruling All Progressives Congress (APC) at the just concluded National Assembly primaries, challenging the disenfranchisement of statutory delegates from participating in the primaries.
The suit marked FHC/KN/CS/13712022, has the Senate President, Ahmad Lawan; National Chairman of APC, Senator Abdullahi Adamu; Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila and the Independent National Electoral Commission (INEC) as defendants.
According to the claimants in their originating summons dated May 23, 2022 and filed on the 24th May 2022, asked the court for a declaration of the Court, “that section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at the convention, congress or meeting.”
The 2nd defendant, Adamu, filed a counter-affidavit in opposition to the originating summons dated 1st June 2022.
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But the 1st, 3rd and 4th defendants did not file any process in the suit.
Delivering judgment on the suit on Friday, 3rd June 2022, the presiding judge, Justice A.M Liman held that, “Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting, under Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at the convention, congress or meeting.”
Subsequently, this judgment means that statutory delegates of each political party should not be denied participation in subsequent Congresses and conventions – especially the forthcoming national convention of the APC.
Statutory delegates mean ward, local government, state and national executives of the party, including past executives, as the guidelines of the party deem fit.
Others include; the President, Vice President, former Presidents, former vice Presidents who are members of the party; Governors, deputy Governors, former Governors, former deputy Governors, Council Chairmen, serving Councilors and past Council chairman who are members of the party, as may be decided by party guidelines.
Those captured in the statutory delegates cadre also include serving and past members of the National Assembly of the party; though Ministers, Commissioners, Supervisory Councillors and other political appointees are excluded in the newly signed electoral Act.
