A Chieftain of the All Progressive Congress APC Barrister Kalu Kalu Agu has asked a federal high court in Abuja to stop the planned National Executive Committee (NEC) of the party slated for December 8 pending the final resolution of the legal battle on the legality of the dissolution of Adams Oshiomhole led National Working Committee NWC.
The court was also asked to stop the party from embarking on membership registration and revalidation exercise allegedly aimed at deregistering the chieftain for instituting court action against the party.
In a motion on notice filed on Thursday December 3 in Abuja, Agu also sought for order of the court voiding and setting aside the notice of NEC meeting issued by Senator Akpan Udoedehe on the ground that he has no power to do so.
The motion filed on his behalf by his counsel Ukpai Ukairo was predicated on Order 24 Rules 1.2.3.and 4 of the federal high court.
In a 69-paragraph affidavit in support of the motion, the APC chieftain claimed to be a foundation member of the Congress for Progressive Change CPC which later transformed into APC along with others and later became Youth Leader of the party in Abia State.
He averred that on June 25 2020, the Adams Oshiomhole led NWC of APC voted for four years tenure was dissolved barely two years into the expiration of the tenure via a resolution passed at the Presidential Villa.
The deponent claimed he instituted a court action challenging the NWC dissolution and the setting up of a Caretaker Committee.
He averted that while his suit is pending, the purported Caretaker Committee took over functions of the NWC and illegally taking decisions on behalf of the party despite having joined issues in the law court.
The plaintiff therefore asked the court to bar the Caretaker Committee from convening any NEC meeting for APC until all issues relating to legality or otherwise of the Oshiomhole led NWC are fully resolved.
Meanwhile, Justice Taiwo Taiwo will hear the motion along with other issues on December 4. 2020.
Kalu, a Youth Leader of the APC in Abia State is specifically challenging the powers of the National Executive Council (NEC) to sack the national leaders barely two years out of their constitutionally guaranteed four year term of office.
In the suit with number: FHC/ABJ/ CS/736/2020, the plaintiff asked for an order of the Federal High Court, Abuja, setting aside the dissolution of the NWC by APC’s NEC meeting held at the presidential villa in June this year.
He is also praying the court for an order restraining the National Caretaker Committee members led by Buni from parading themselves as national officers of the APC and from usurping the functions of the party’s NWC.
Respondents in the case are INEC, APC, Governor Mai Mala Buni, Isiaka Oyebola, Ken Nnamani, Stella Okorete, Governor Sank Bello, Dr James Lalu, Senator Abubakar Yusuf, Hon Akinyemi Olaide, David Leon, Professor Their Mamman, Isiaka Ahmed and Senator Akpan Udoedehe.
