By: Lovins Yakubu. December 19, 2022
Hon. Justice Ashom Arum of High Court 3 Jos on Friday adjourned to January 11, 2023 for ruling on submissions made by Counsel for Parties in a suit filed by prospective APC delegates against the party.
The last adjournment of the matter to Friday was for the adoption of addresses in line with earlier court order to Counsel for the parties in the suit to address it with regard to section 285 of the constitution of Federal Republic of Nigeria 1999 (As Amended) and sections 29 (5) 84 & (14) of the Electoral Act.
While adumbrating after adopting his processes, Counsel for the Clamaints, Samuel Abbah Esq told the court that Counsel for the Respondent was in agreement with his argument and submission to the effect that indeed, the above sections do not affect the Clamaints' suit as it is not a pre-election matter.
He however called the attention of the court to the fact that Counsel for the Respondents went further to argue fresh issues outside the sections given to them by the court.
"My Lord, if any party goes outside the issues the court gave us, we would be dragging the court into issues of conflicts. So I urge my Lord to direct that the substantive proceedings in this matter resumes", Counsel for the Claimants said.
However, in his adumbration after equally adopting his processes, Counsel for the Respondents, S.S Obende vehemently denied addressing the court outside the issues. Counsel further submitted that the argument contained in some paragraphs which Counsel for the Claimants had urged the Court to expunged were intrisictically or directly linked to the effect of the provisions of the Electoral Act and section 285 sub section 14 of constitution set out by the court for parties to address and not fresh issues.
Consequently, Counsel urge the court to decline jurisdiction. Having heard the submissions from both parties, Justice Ashom Arum adjourned until January 11, 2023 for ruling.
Recall that the Claimants (10 in number) have approached the court and challenged the decision of the defendants/Respondent (APC) to appoint rather than conduct delegation election after they have purchased forms for the excercise stressing that by virtue of the constitution of the APC, there were eligible and entitled to contest in a delegate election of the APC having purchased state delegate forms.
Other questions the Claimants have raised for detrmination are; Whether given Article 20 of the constitution of the APC the party can summarily appoint delegates without calling for election between contesting persons who purchased delegate forms.
2. Whether conducting primaries without election of delegates does not contravene the APC Constitution and instant Electoral Laws.
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