Appeal Court stops National Assembly from imposing statutory delegates in APC primary

The Court of Appeal, Abuja, on Monday restrained the National Assembly from imposing the use of statutory delegates at the ongoing special convention of the All Progressives Congress (APC).

The appellate court gave the order in a ruling on an application filed by the APC National Chairman, Abdullahi Adamu, challenging the verdict of a lower court which gave statutory delegates the go-ahead to participate in the exercise.

In the appeal filed by A.A. Popoola and Karma Fagbemi, the APC chairman argued that Section 84(8) of the Electoral Act on statutory delegates’ participation in the primary was in conflict with Section 223 of the 1999 Constitution and Article 20(iv) of the APC Constitution.

Justice A.M. Liman of the Federal High Court, Kano, had on June 3 directed the statutory delegates to take part in parties’ congresses and conventions ahead of the 2023 general elections.

The judge gave the order while ruling in a suit filed by the trio of Senator Mas’ud El-Jibrin Doguwa, Hon. Habila Sani, Hon. Bilyaminu Yusuf Shinkafi who were challenging the disenfranchisement of statutory delegates from voting in the National Assembly primaries.

In his ruling Justice Liman declared that statutory delegates are constitutionally qualified to attend all meetings, congresses, and conventions of any registered political party in Nigeria.

Dissatisfied with the ruling, the APC approached the Appeal Court to reverse the verdict.

Justice Haruna Tsammani, who delivered the lead judgment at Monday’s proceeding, also restrained the National Assembly from enforcing the lower court’s judgment.

He also directed the service of order by substituted means on the parties in the matter.