The caretaker committee of the All Progressives Congress, APC, in Ebonyi State is beset by a legal hurdle following a controversy surrounding their appointment, Naija News has learnt.
16 chieftains of the ruling party led by one Mr. Chukwuma Odu have filed a suit before the Federal High Court in Abuja seeking to restrain the caretaker committee under the chairmanship of Chief Aloy Nwibo, from overseeing its affairs.
They also asked the court to restrain the APC; its Chairman Caretaker Extra Ordinary Convention Planning Committee, Gov. Mai Mala Buni; the APC National Caretaker Committee and the National Executive Committee listed as the 1st, 2nd , 3rd and 4th defendants from recognising and accepting the Nwibo-led caretaker committee.
In the originating summons filed on behalf of the chieftains by Mr B Igwilo (SAN) and Mr Obed Amazu, it was argued that the Caretaker committee was inaugurated even when the tenure of the duly elected Ebonyi working Committee of APC led by Chief John Ogbu was still subsisting until 2022.
The aggrieved chieftains, therefore, asked the court to determine “whether by the provision of Article 17 (I) (ii) (IV) of APC Constitution 2014 , the 1st to 4th defendants were right to dissolve the duly elected Ebonyi working Committee of APC in Dec. 2020.”
The plaintiff subsequently sought four reliefs from the court bordering on alleged breach of APC rules by the national Caretaker committee of the party, particularly Article 47 (i), (ii) and (iii) of the APC Constitution 2014.
The reliefs include, “A declaration from the court that the purported constitution and recognition of a caretaker committee led by the Nwibo, Igboke and others made up of non-members of the APC to take over the activities of elected members of Ebonyi is in breach of Article 9 (I) of the APC 2014 and the 4th defendants (All Progressives Congress National Executive Committee’s) resolution-decision of Dec. 8, 2020.
“A declaration that by the said “Resolution of Dec. 8, 2020 the 5th and 6th defendants and other composed members remain the valid state working committee of the APC Ebonyi.”
However, when the matter came up, Amazu, who is the lead counsel for the plaintiffs, prayed the court for a short adjournment to enable him to effect service on some of the defendants that were not present in court.
According to him, the short adjournment was necessary to safeguard the subject matter.
In a brief ruling, the Vacation Judge, Justice Ahmed Mohammed, adjourned the matter until September 1, 2021.