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PDP asks court to de-register APC and invalidates national convention

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The Peoples Democratic Party (PDP) has approached a federal high court in Abuja to seek the invalidation of the outcome of the All Progressives Congress (APC) national convention scheduled for Saturday. The opposition party also prayed the court to deregister the ruling party

In the suit marked FHC/ABJ/CR/389/2022, the PDP is equally praying the court to restrain the Independent National Electoral Commission (INEC) from recognising or having any business whatsoever with the APC as a registered political party.

INEC, APC, registered trustees of APC, APC Caretaker/Extraordinary Convention Planning Committee (CECPC) and national chairman of the CECPC are cited as defendants in the matter.

The PDP is praying the court to determine “whether upon a consideration of section 223(2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as altered, the leadership of the 2nd defendant (APC) can be made up of only 13 members as presently constituted by the 4th defendant and forwarded/registered with the 1st Defendant, and if answered in the negative, whether the 2nd defendant has any valid leadership, properly so called, forwarded/registered with the 1st Defendant in compliance with section 222(1) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) and whether any act done by the said leadership is valid and founded in law.

“If the answer to the 2nd and 3rd legs of the issue in paragraph 1 above is further in the negative, whether the 2nd defendant is not liable to be de-registered as a political party pursuant to sections 222 (a), 223 (2) (b) and 225 (a) of the 1999 constitution of the federal republic of Nigeria (as altered)”.

Upon determination of the legal questions, the opposition party is seeking “a declaration that by the express provisions of section 223 (2) (b) of the 1999 Constitution of the federal republic of Nigeria (as altered), the leadership of the 2nd defendant cannot be made up of only 13 members as presently constituted by the 4th defendant and forwarded/registered with the 1st defendant.Advertisement

“A declaration that the 2nd defendant has no valid leadership, properly so called, forwarded/registered with the 1st defendant in compliance with section 222(1) of the 1999 Constitution of the federal republic of Nigeria (as altered).

“A declaration that all the prior actions and subsequent actions undertaken by the 2nd, 3rd, 4th and 5th defendants are null and void and of no effect whatsoever.

“A declaration that the 2nd defendant is liable to be de-registered by the 1st defendant as a political party pursuant to section 222 (a), 223 (2) (b) and 225A of the 1999 Constitution of the Federal Republic of Nigeria, as altered.

“An order de-registering the 2nd defendant as a political party having failed to meet the requirements of section 222(a), 223 (2) (b) and 225 of the 1999 Constitution of the federal republic of Nigeria, as altered.

“An order of perpetual injunction restraining the 1st defendant, either by itself or through its officers, employers, assigns, privies or agents from recognizing, communicating with, dealing with or having any business whatsoever with the 2nd Defendant as a registered political party.”

A date is yet to be fixed for the hearing of the suit.

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