• Orders fresh congress

A Federal High Court in Abuja has voided the ward and Local Government congresses purportedly conducted on February 7 by the All Progressives Congress (APC) in Kogi State  for the purpose of nominating its governorship candidate for November governorship election in the state.

Justice James Omotosho, in a judgment on Wednesday held that there was no evidence before the court to show that Kogi APC conducted valid ward and LG congresses in compliance with the Electoral Act 2022, and the party’s constitution.

The judgment was on a suit marked: FHC/ABJ/CS/329/2023 filed by Realwan Okpanachi, Yahaya Saidu Nuhu, Omaonu Clement Arome, Mustapha Ibrahim Idoko, Aku Umar Goodman and Abu Steven Okpanachi Onechiojo.

Listed as defendants are the APC and the Independent National Electoral Commission (INEC).

Justice Omotosho also held that there was no evidence that INEC monitored the purported congresses from which the supposed delegates emerged, as required by law.

The judge noted that APC that claimed to have conducted congresses failed to tender results of the said congresses.

He proceeded to restrain INEC from according recognition or using the unlawful delegates list that emanated from unlawful congresses for the party for the purpose of selecting its governorship candidate.

Justice Omotosho ordered the leadership of the APC in Kogi State to conduct fresh special ward and LG congresses in line with the provision of Section 84 of the Electoral Act, 2022 and Section 13 of the party’s constitution.

The judge upheld the arguments by plaintiffs’ lawyer, Ogwu James Onoja (SAN) that the Kogi APC did not conduct any ward and LG congresses known to law.

He held that, by its conduct, the APC violated Section 84 of the Electoral Act (2022) and Section 13 of its own constitution by concocting a list of delegates, which it submitted to INEC without the knowledge of registered members of the party in the state.

Justice Omotosho noted that while the case was being heard, the APC failed to disclose the venues and time the purported ward and LG congresses were held.

He added that the APC equally failed show the report issued by INEC officials that it claimed monitored the congresses.

Also, the judge noted that the APC failed to produce the result sheet showing the scores recorded by the participants in the purported ward and LG congresses.

He further noted that the key documents tendered by the APC as evidence of the conduct of the purported February 7 congresses contained only signatures of supposed participants at the purported congresses, without reflecting the names of the said signatories.

Justice Omotosho held that without the names of those who signed the documents reflected, the documents become worthless and could not be ascribed any value by the court.

The judge said: “The there is no results of scores. The failure of the first plaintiff (APC) to present results of the election showed that no such congresses held.

“The documents submitted did not reflect the names of the people who signed the documents. What is required is for the names and signatures of the maker of the documents to be reflected on the documents.

“If the name is missing, the documents is worthless and without any relevance. It is a worthless document.

“The absence of the name of the maker of the document makes it worthless in the face of the law. The court cannot place any weigth on it.

“There is no evidence that a valid congress ever held.”

The judge said the APC in Kogi State still has an opportunity, within the existing time frame, to conduct valid special ward and LG congresses to elect delegates, who will elect the party’s candidate for the governorship election, failing which it may not have a candidate for the election.

He said the APC has an opportunity to quickly retrace its steps and conduct lawful ward and LG congress in accordance with the relevant laws, which must be monitored by INEC.

Alternatively, the judge said the APC in Kogi could opt for any other mode of electing its candidate for the election should it decide not to conduct valid special ward and LG congresses as ordered by the court.

Earlier in the judgment, the judge had dismissed the preliminary objections raised by APC in which it challenged the court’s jurisdiction, claiming that the matter was internal affairs of the party.

In dismissing the objection, the judge held that APC must conduct its affairs in accordance with the laws, adding that impunity as exhibited in the instant case, will lead to anarchy.

The judge also dismissed the claims by the APC that the plaintiffs are not its members, but parading old membership cards, adding that the party ought to have made its membership register available to the court to dispute the membership claim of the plaintiffs.