A federal high court sitting in Kano State, has ruled that statutory delegates cannot be excluded in all meetings, congresses and conventions of any registered political party in Nigeria.
Statutory delegates are party members holding or have held public offices, including presidents and vice presidents, governors and deputies, political parties’ National Working Committee members, state party chairmen and secretary; councillors, local government chairmen and their vices, political party chairmen in all the 774 LGAs, state and federal lawmakers.
The initial amended Section 84 (8) of the electoral act 2022, provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates.
But Justice A.M Liman who gave the order on Friday following a suit filed by some members of the APC challenging the exclusion of statutory delegates from participating at political party primaries.
They sought a declaration of the court that the provision of Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress or meeting.
Delivering judgement in the suit marked: FHC/KN/CS/13712022, the court ruled that statutory delegates are qualified to participate in all political party activities.
The court order reads, “It is herby ordered that Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress or meeting”.
The suit was filed by APC National Assembly aspirants, including Senator Mas’ud El-Jibrin Doguwa, Hon. Habibu Sani and Hon. Bilyaminu Yusuf Shin’Kafi.
Defendants in the include: Senate President, Ahmad Lawan; National Chairman of APC, Senator Abdullahi Adamu; Speaker of the House of Representatives, Femi Gbajabiamila and the Independent National Electoral Commission (INEC).