National Assembly Stopped From Imposing Statutory Delegates By Appeal Court

The national assembly has been barred from imposing statutory delegates at the ongoing convention of the All Progressives Congress (APC), by a court of appeal sitting in Abuja.


A three-member panel of the appellate court led by Haruna Tsammani also restrained the enforcement of the judgment of a federal high court in Kano delivered on June 3 granting the enforcement of amended section 84(8) of the Electoral Act, 2022.


Justice A.M Liman, a federal high court Judge in his ruling on the ex parte application brought by Abdullahi Adamu, national chairman of the All Progressive Congress (APC), had said that section 84(8) “cannot be interpreted to have excluded statutory delegates from voting at the convention, congress, or meeting by virtue of section 223 of the 1999 constitution (as amended) and article 20(iv)(c) of the All Progressives Congress (APC) constitution, which allow statutory delegation to vote at the convention, congress or meeting”. The APC national chairman appealed the ruling.


In his appeal, Adamu who argued that the “applicant will suffer irreparable damage if the respondent is not restrained from enforcing the judgment”, also contended that section 84(8) of the Electoral Act on statutory delegates’ participation in primary elections, which amendment was still awaiting the assent of the president was not in conflict with section 223 of the Nigerian constitution of 1999 and Article 20(iv) of the APC constitution.


The APC national chairman also pointed out that the suit was filed in Kano on May 24 without joining of the attorney-general of the federation as the chief law officer of the federation.


The court of appeal which has now presided over the case, ordered the service of court processes by substituted means against the parties in the suit.


The court also adjourned to June 9 to hear the appellant’s motion on notice.


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