HEADLINE | Posted: Friday, November 29, 2024

Court sacks Benue APC leadership


By Peter Duru

• Says removal of Agada-led SWC unconstitutional

A Makurdi High Court, presided over by Justice Tertsea Kume, has sacked the Benjamin Omale-led Seven-member Caretaker Committee overseeing the Benue State chapter of the All Progressives Congress, APC.

The Caretaker Committee which had a mandate to serve for six months was inaugurated by the National Chairman of the APC, Dr. Abdullahi Ganduje on August 21, 2024 following the dissolution of the Austin Agada-led State Working Committee, SWC.

Mr. Agada and eight others had challenged the dissolution of the SWC in a suit against the APC and Mr. Omale seeking a declaration among others that having regards to the provisions of Artucle 12(11), 7(i) and 21.1 of the constitution of the APC 2022 (as amended) and section 223(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) their tenure of the office “cannot lawfully be determined or terminated abruptly by the National Working Committee, NWC, before the expiration of the four years tenure of their offices without according them fair hearing.”

Ruling on the matter Thursday, Justice Kume held that the purported dissolution of the Agada-led SWC did not comply with Section 36 of the Constitution of the Federal Republic of Nigeria and Article 21:1 of the APC constitution.

He noted also that the applicants were not availed fair hearing before their purported dissolution noting that “God himself, the maker of Heaven and Earth, and all powers and thrones, who knew what Adam did, did not throw him and his wife, Eve out of the Garden of Eden. He asked Adam, what have you done? and Adam responded to the question before he determined the fate of Adam and Eve in the Garden of Eden.”

“In stark contrast, the National Working Committee denied the applicants fair hearing. It begs the question: Shouldn’t the Committee, as mortal beings, strive to uphold the same standards of justice and fairness demonstrated by God?”

Consequently, Justice Kume nullified the constitution of the Seven member Caretaker Committee and declared as null and void all action taken by the Committee within the period of its existence.

Reacting, the Chairman of the dissolved Committee, .Benjamin Omale said the judgment would be challenged at the Court of Appeal.

He said: “We have serious concerns on the Judgment and have instructed our legal team to immediately appeal the judgment and seek for a Stay of Execution on the said Judgment which we find appalling, legally unjustified and we feel that the Court of Appeal will ensure justice is served.

“In the meantime, as law abiding citizens, we call on the entire members of our party to be calm, law abiding and go about their political activities without worries as the status quo remains until the Superior Courts speak on the issue.

“Our committee will work assiduousty within the four corners of the law for our party as we exercise our Constitutional rights of appeal and abide by all orders of the court. The High Court has spoken; we shall proceed to the Court of Appeal.”

APC appeals ruling

Meanwhile, APC has appealed the sacking of its caretaker committee in Benue.

Not satisfied with the ruling, the NWC, through its lawyer, Mathew Burkaa SAN, has filed the appeal at the Makurdi Division of Appeal Court challenging the judgment.

The APC also filed a motion at the State High Court for a stay of execution of the judgement pending the hearing and determination of the appeal.

The party prayed for a restraining order stopping the respondents from enforcing or taking any step to enforce or take benefit of the ruling or judgement pending the determination of the appeal.

Meanwhile, the APC Caretaker Committee Chairman in Benue, Mr Benjamin Omale, has urged party supporters to remain calm and go about their lawful businesses.

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CHANGEUP TONIC
Deal with it!
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Are you often blinded by rage and you lose your cool at the slightest provocation?
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Deport Adeyinka "Grandson" Shoyemi back to Nigeria now!
MOSHOOD FAYEMIWO, Cameron, Texas, USA
Reproduced below is an SOS sent out by Mr. Adeyinka Grandson Shoyemi, detained Nigerian leader of Young Yoruba For Freeedom-YYF-from London Prison featured last week for advocating for equity, justice and de-marginalization of Yoruba ethnic group in Nigeria.