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Court strikes out suit against APGA, Oye, INEC



A  FEDERAL High Court, sitting in Abuja, has struck out the suit filed by one Smart Ihuoma against the All Progressives Grand Alliance (APGA), Chief Victor Oye and the Independent National Electoral Commission (INEC) for lack of jurisdiction.

  The suit was filed in 2019 by Ihuoma, challenging the NEC meeting of the party held on May 14, 2019 and the elective national convention of the APGA, asking the court to set aside the outcome of the National Convention and the election of Dr Oye and other national officers of APGA.

  In the judgment, the court considered the preliminary objection filed by the defendants challenging the jurisdiction of the court to entertain the suit.

  The court agreed with the submissions that it lacked the jurisdiction to entertain the claims of the plaintiff being questions arising from the election into the national offices of the first defendant and the conduct of the NEC meeting of APGA being purely internal affairs of APGA.

  Justice A. R. Mohammed stated the clear position of the law as settled in a plethora of appellate court cases that questions arising from intraparty affairs of a political party are non-justifiable and no court can entertain the issue of a challenge to the election of the second defendant, Chief Victor Oye, as the National Chairman of APGA.

  The court further stated that the subject matter of the suit filed by the plaintiff fell outside the purview of the exclusive jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and consequently struck out the suit.

  The High Court of FCT had in similar vein dismissed the suit brought by one Nze Kennedy Anunobi and others against the party on November 6, 2019.

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