Kalu Agu, a chieftain of the All Progressives Congress (APC), has asked a federal capital territory (FCT) high court to stop the party from proceeding with its congresses scheduled for Saturday.
Agu, who is vying for the position of the national legal adviser in the party’s next national convention said Mai Mala Buni’s position as chairman of the caretaker committee violates Section 183 of the 1999 Constitution which prohibits a governor from holding another executive position.
In the suit marked CV/1812/2021, dated July 29, Agu also submitted that the Buni-led committee is also illegal because they were not elected into position as required by the Electoral Act and the party’s constitution.
“By the constitution of the 1st defendant (APC) only a ward executive committee can summon a ward congress and presently, the 1st defendant has no ward executive committee in any of the wards across Nigeria,” he said
“The 1st defendant is presently being administered by unelected usurpers in which the 2nd defendant (Buni) is their henchman.
“The 2nd defendant is the governor of Yobe state and by Section 183 of the 1999 Constitution cannot hold an executive position in addition to the position of executive chairman of any other body.”
Agu who is also a lawyer is asking the court for a “perpetual injunction restraining the defendants, their agents, assigns and others, whowsoever, from proceeding to embark on any process for the election of officers of the 1st defendant at any level of the political structure in Nigeria created by the Constitution of the 1st defendant.”
“An order of mandatory injunction setting aside any decision, act, steps, notifications taken or made out for the purpose of holding any ward, local government, state, zonal congresses or national convention of the 1st defendant directed at the election of officers of the 1st defendant at any level of the political structure in Nigeria created by the constitution of the 1st defendant.”