– As Nwafor led exco lays claim to party leadership
– Oshiomhole served through substituted means
There are indications that the All Progressives Congress (APC) is presently in dilemma, as the uproar being generated by preparations for the forth-coming election to fill the vacant Okigwe senatorial seat is threatening to rock the foundation of the party in Imo state and may lead to the emergence of two candidates, because the Daniel Nwafor led exco that was initially recognized in questionable and controversial circumstances by the Adams Oshiomhole led exco is also laying claim to the leadership of the party and has vowed to field a candidate for the election, alongside the candidate that will emerge from the Marcellinus Nlemigbo led state exco of the party.
This is premised on the fact that the Nwafor led exco had earlier approached the Federal High Court, Owerri, where he as Chairman of the party in the state instituted Suit No: FHC/OW/CI/49/2020, in which the APC, Adams Oshiomhole; Chairman, APC, the National Working Committee of APC and the Independent National Electoral Commission (INEC) are first, second, third and fourth defendants respectively.
Nwafor in a certified true copy of originating summons dated 24th June, 2020, signed by his lawyer, G.O.C Ihebom of 31 Madumere Street and authenticated by the Court Registrar, Anozie Ogadimma, claimed that his tenure as Chairman, Imo State chapter of the APC, “following his emergence in the ward, local government and state congresses of the party, held on 20th, 21st and 23rd July, 2018, is valid, legal and still subsisting” and asked the court to determine whether the judgement of the Federal High Court, Owerri in Suit No: FHC/OW/CS/69/2018, between Barr Augustine Mbagwu and others versus APC and others, delivered on 5th July, 2018 and that of the High Court of the Federal Capital Territory, Holden at Bwari, between Evan Enwerem versus APC and others, delivered on 14th August 2018 and the ruling delivered on 6th November 2019, in Motion No: FCT/HC/M/3228/2019, that dismissed the judgement of the High Court of the Federal Capital Territory that was earlier delivered in his favour on 14th August 2018, are not binding on the All Progressives Congress, Oshiomhole as National Chairman, the National Working Committee and INEC, that are first, second, third and fourth defendant respectively, “who participated in most of the matters, up to judgement and ruling as the case may be”.
He also asked the court to determine if his unilateral removal from office and the disbandment of the state exco led by him for alleged anti-party activities by the National Chairman, purportedly acting on the directives of the NWC while their tenure is still subsisting, and will elapse in 2022 is supported by Articles 21B i, ii, iii, iv, v and vi of the APC constitution of October 2014, as amended.
The honourable court is also asked to determine “if the party and it’s National Working Committee in view of the clear unequivocal orders contained in the aforementioned judgements and the ruling made by courts of competent jurisdiction can purport to validly/lawfully schedule/conduct fresh state, local government or ward congresses in the state or purport to validly/lawfully schedule/set in motion the process of conducting primary election and thereafter nominate the party’s candidate for the vacant Okigwe senatorial seat in the National Assembly without the active participation of the plaintiff (Daniel Nwafor) and his exco that were duly and democratically elected in the ward, local government and state congresses of the party held on 20th, 21st and 23rd July, 2018”.
He prayed a declaration of court that his purported removal from office as Chairman of the party and disbandment of the Imo State exco is null and void and inconsistent with the relevant portions of the party’s constitution and the 1999 constitution of the Federal Republic of Nigeria, as amended.
He also prayed a declaration of court that in view of the judgements mentioned above, the defendants cannot validly or lawfully schedule/conduct fresh congresses in the state or conduct primary election for the Okigwe Senatorial seat, in line with section 85 (3) of Electoral Act of 2010, as amended, and considering the fact that the tenure of his entire state exco is still subsisting.
Another twist in the scenario is that sequel to the persistent evasion of service by the Adams Oshiomhole led National exco, who are the defendants, Daniel Nwafor filed a motion exparte dated 22nd, May, 2020, at the Federal High Court, Owerri, which after consideration ordered that Oshiomhole and other defendants in the matter be served “originating summons and other court processes issued by the Registrar in respect of the matter through substituted means.
