Justice Inyang Ekwo, of the Federal High Court in Abuja, on Monday, dismissed the suit seeking the removal of Dr Abdullahi Ganduje, as the National Chairman of the All Progressive Congress......See Full Story>>.....See Full Story>>
In his judgment, he agreed with the preliminary objection of the 2nd defendant, who prayed the court to strike out the suit on the grounds that the claimant does not have the required locus standi to institute the suit.
The judge also agreed with the preliminary objection of the 3rd defendant, who argued that the name the claimant had sued in the ‘Northern Central APC forum’ is not a registered body.
Ekwo, in his judgment, held that based on the contentions of the 3rd defendant, “the onus rests on the claimant to present a certificate of registration from the Corporate Affairs Commission.
However, Justice Ekwo held that the APC group lacks the juristic personality to institute the suit having not been registered in law and therefore has no legal power and capacity to file the suit.
The justice also said that the plaintiff failed to explore the internal mechanism of the political party for peaceful resolution of issues on the subject matter before approaching the court.
Additionally, he held that there was no cause of action against the defendants since the plaintiff has no power under any known law to institute any case in any Nigerian court, while he added that the appointment of officers for APC by its National Executive Committee is an internal affair of the party, which no court can dabble into.
He hence proceeded to dismiss the suit.
He said, “I hereby dismiss this suit for lack of juristic personality of the claimant.
“The claimant has no locus standi to institute the suit and I make an order striking out the suit for lack of locus standi.
“The subject matter is an internal affair of the political party, I hereby strike out the suit for lack of locus standi.”