The leadership crises in the All Progressives Congress, APC is beginning to escalate as reports indicate some plans to expell one of it’s national officers for dragging the party leadership to court over a matter that is supposed to be dealt with within the party leadership.
A leaked internal memo revealed a recommendation for expulsion of the National Vice Chairman, North-west, Salihu Moh. Lukman by the National Legal Adviser, Ahmad Usman El-Marzuq, Sunday.
The National Legal Adviser made the recommendation to expel Lukman to the party’s national chairman, Senator Abdullahi Adamu, for dragging the party, the national chairman and national secretary to court for an alleged breach of ruling party’s constitution.
In the said leaked memo, dated 28th of April to the national chairman and copied to national secretary, all NWC members and the Progressive Governors’ Forum (PGF), said Lukman’s action of instituting a court action over the failure to convene meetings of the relevant party organs as mandated by the APC Constitution, should attract expulsion from the party.
Recall that Lukman had on Thursday commenced legal action against the leadership of tbe NWC following their refusal to consider his two letters and the 7-day ultimatum given to the National Chairman to commence the process to convene the meeting of the National Executive Committee (NEC) meeting before May 29, 2023.
But El- Marzuq’s memo, who made reference to the case of WAZIRI v. PDP & ANOR (2022) LPELR-58803(CA), held that “It is settled law that, no Court has the jurisdiction to hear and determine complaints or matters about intra-party disputes of political parties. It has long been settled by the Supreme Court in Onuoha v. Okafor & Ors. (1983) 14 NSCLR 494 at 499 – 507 that, where the relief sought is on leadership of or intra-party dispute between members of a same political party or between a_member or and the political party, only the party can resolve the dispute.
“This is because a political party is a voluntary organization or association. Persons join political parties of their own choice, therefore, where there is any internal disagreement, it must be resolved by a majority decision of the members. That being so, any dispute over its internal affairs is not justiciable and no Court has jurisdiction to entertain a claim on such dispute.’
Arguing further, the APC legal adviser said issues bordering on the management of political parties have equally been held to be outside the jurisdiction of the Courts.
Referring to the affidavit in support of the Originating Summons, Lukman made heavy weather about the fact that the meeting of the National Executive Committee ought to be held every quarter by the provisions of the Party’s Constitution and that the failure to do has greatly affected the smooth administration of the Party
