According to our correspondent, Mr. Eneh Victor Chigozie, Mrs. Nwabuogo, a chieftain of APGA, approached a Federal High Court Abuja, with a suit.
Nwabuogo is asking the court to set aside the election and nomination of Soludo as the party’s candidate for the November 6 governorship election.
The suit also seeks an order restraining Soludo from parading himself as the validly or duly elected candidate of APGA for the said election.
This case has two major issues for determination;
The non-compliance to the mandatory 21 days notice on the Independent National Electoral Commission (INEC), to monitor the ward delegate congress.
In the suit, the plaintiff it is seeking an order of the court to nullify the June 23 governorship primaries of APGA.
The plaintiff claimed that the party faction led by Ozo Victor Oye failed to give INEC the statutory 21 days notice prior to the holding of the special ward congress, held on June 15, 2021.
The time was to allow for the election of ad hoc delegates for the nomination of the party’s governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6. 2021.
Violation of APGA constitution Article 11.
This issue for determination by Mrs Nwabuogo is for the court to determine if APGA did not violate its own constitution Article 11 section 5, subsection vii.
APGA constitution 2019 Article 11 section 5, subsection vii says that in conducting state congresses, 3 delegates per ward shall be elected at ward congresses, who shall cease to function after the conclusion of state congress for which they were elected.
The plaintiff in her suit stated that APGA under the faction of Ozo Victor Oye violated the party constitution in Article 11 section 5, subsection vii.
In its guideline issued on April 21, the party stated that only 2 ad hoc delegates will be elected for the June 23 state congress.
The congress will be for the purposes of nominating the candidate of the party for November 6 governorship election as against the above referred section which provided for 3 ad hoc delegates for state congresses.
These are the two main issues up for determination at the Federal High Court in Abuja.
While the first issue bothers on the failure to notify INEC with the statutory 21 days notice for the ward ad hoc congress, the second issue bothers on violation of APGA constitution 2019 Article 11 section 5, subsection vii.
Our correspondent noted that “this clarification is important against misinformation and fake representation of the said suit that’s pending before the Federal High Court in Abuja.”
Below is APGA constitution 2019, Article 11 section 5, subsection vii:
In another development at the Federal High Court sitting in Awka on Wednesday, an ex parte motion for Prof Soludo’s name not to be submitted to INEC was sought by High Chief Okwudili Ezenwankwo, through his counsel, Chief Ikenna Egbuna, SAN.
This is because the process that saw Prof Chukwuma Soludo emerge, as the candidate of APGA was filled with irregularities and does not conform to the provisions of the Electoral Act.
On the hearing of the motion, Chief P. I Ikwueto, SAN, told the Judge that he was there for the matter.
He further informed the court that APGA has submitted Prof Chukwuma Soludos name to INEC on July 2, 2021.
Chief Egbuna quoted order 26, rule 7 of the Federal High Court rules which does not permit Chief Ikwueto to speak on the matter.
The Judge informed the court that he was not recording Chief Ikwueto.
The motion Experte was not dismissed, rather the respondents were granted leave to come and argue the motion on notice since they were in court.
The Judge said that there is merit in the case of the plaintiff and adjourned to July 19 for hearing of the interlocutory injunction.
Noteworthy here is the fact that the case was challenged by Chief Ikwueto, though he was not recorded.
The Judge, however, specifically said that there is merit in the case before adjournment.