The All Progressives Congress, APC, has told a Federal High Court
sitting in Abuja that President Muhammadu Buhari lacks the power to
determine tenure of its office holders.
The party said this while opposing the hearing of the suit by
aggrieved members of the party over the tenure elongation for the
National Working Committee, NWC, led by John Odigie Oyegun before a
Federal High Court in Abuja.
The aggrieved members, led by Ademorin Kuye and Are Mutiu (Lagos);
Sani Mayanchi (Zamfara); and Machu Tokwat (Kaduna) had earlier sought an
ex parte order directing the NWC members to show cause why the court
should not stop them from continuing as national officers of the party
effective June 30.
At the resumed hearing on Wednesday, counsel to the agitating
members, Jibrin Okutepa, SAN, demanded that the case be heard since
Buhari had at the National Executive Council (NEC) of the party on
Tuesday, admitted that the tenure elongation was illegal.
Defense lawyers, Akin Olujimi, SAN, Joseph Daudu, SAN, James
Onoja SAN, and Idris Yakubu, asked the court to adjourn the matter to
enable them respond to the originating processes just served on them.
The Independent National Electoral Commission, INEC, the APC, the
party’s national chairman, Oyegun and the National Organising Secretary,
Senator Osita Izunaso were joined as respondents in the suit.
Daudu, standing as the counsel to the APC, argued that Order 7 Rule 1
provided for 30 days from the date of filing the suit for a reply.
He therefore asked the court to discountenance Okutepa’s submission.
Responding to the president’s comment on Oyegun and others’ tenure
elongation, Daudu said whatever view thereof was Buhari’s personal
opinion and carried no weight until the party met and deliberated on the
matter.
He told the court, “As far as President Buhari’s view is concerned,
it carries no weight until the party meet and decide and deliberated on
it. As far as the party is concerned he is an ordinary member like
others.”
Having listened to the argument of counsel, Justice Nnamdi Dimgba
assured that the court would give fair hearing to all parties in the
matter.
He also ordered the filing and service of processes before the court and adjourned till April 16 for hearing.