One hundred chieftains of the All Progressives Congress (APC) have instituted a legal action at the Federal High Court Abuja, wherein they are seeking dissolution of the 13-member Caretaker Committee of the party.
The plaintiffs, in the suit, are equally praying the court for an order invalidating all actions taken by the committee led by Governor Mai Mala Buni of Yobe state.
In an Originating Summons marked FHC/ABJ/CS/938/2021, as well as a Motion for Interlocutory Injunction filed by their lawyer, Mr Samuel E. Irabor, the Plaintiffs are seeking dissolution and nullification of all the actions of the APC Caretaker Committee on the following grounds:
“That the 13-member Caretaker Committee falls short of the constitutionally required 24 members spread across not less than two-thirds of the 36 States and the FCT for any governing body of a political party, whether substantive or acting, as stipulated under Section 223(2)(b) of the 1999 Constitution (as altered).
“That the headship of the Caretaker Committee by a sitting Governor holding dual executive offices is prohibited by Section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, 2014 (as amended)
“That by Article 13(4)(xvi) of the APC Constitution, 2014 (as amended) only the National Working Committee rather than the NEC of the party can constitute a Caretaker Committee in whatever form, nature or guise.
“That the Attorney General of the Federation, Mr. Abubakar Malami, SAN, who administered the oath of office on Governor Mai Mala Buni of Yobe State as purported Caretaker Chairman lacks the powers to do so under any provision of the APC Constitution, 2014 (as amended) as he is neither a member of the National Working Committee nor even a member of the NEC of the APC.
“Respondents in the suit are APC, the Caretaker Committee, Governor Mai Mala Buni, the Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN, the INEC and others.