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Intra-Party Affairs: Court strIkes out suit against APGA, Oye, INEC
Jun 2, 2020
A Federal High Court, Abuja Judicial Division, has struck out the suit filed by a chieftain of the All Progressives Grand Alliance(APGA), in Abia state, Smart Ihuoma, against Ozonkpu Victor Oye-led National Working Committee(NWC) and the Independent National Electoral Commission(INEC).
It will be recalled that the Abia APGA chieftain, Smart Ihuoma, had filed the suit in 2019 challenging the conduct of the NEC meeting and the elective National Convention of the party, APGA.
Ihuoma asked the court to set aside the outcome of the National Convention and the election of the 2nd defendant (Chief Victor Oye) and other national officers of APGA.
While delivering judgement on Monday morning, Hon. Justice A. R. Mohammed considered the Preliminary Objections filed by the defendants challenging the jurisdiction of the court to entertain an intraparty subject matter among other grounds of objection.
The Judge agreed with the defendants’ counsel that it lacked the jurisdiction to entertain the claims of the plaintiff being questions arising from the election into the national offices of the 1st defendant and the conduct of the NEC meeting of APGA.
Justice Mohammed in his judgement, stated the clear position of the law as settled in a plethora of appellate court cases indicating that questions arising from intraparty affairs of a political party are non-justiciable and no court can entertain the issue of a challenge to the election of the 2nd defendant (Chief Victor Oye) as the National Chairman of APGA.
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