My attention has been drawn to the suit recently filed by the Peoples Democratic Party at the Federal High Court in Suit No FHC/ABJ/CR/389/2022 challenging the leadership of the All Progressives Congress with particular relief for the setting aside of the 26th of March, 2022 National Convention of the Party.
Without prejudice to the likely decision of the trial Court on the matter, it is however compelling to note that given the outcome of the National Convention, the actions of the Interim Caretaker Committee of the Party has been ratified by the Convention which was duly conveyed, being the highest decision making body of the party. See Article 13(1) of the Constitution of the All Progressives Congress.
This above position has been given judicial backing in plethora of cases including the decision of the Supreme Court in the case of Ufomba v INEC & Ors (2017) LPELR-42079(SC) where the Apex Court held that “the law is trite that Courts’ jurisdiction is ousted in matters dealing with internal affairs or resolution of a political party regarding nomination or leadership of that political party”. See also the case PDP v Sylva (2012) 13 NWLR (Pt.1316) p.85.
More importantly, it is also apposite to note that the issue of leadership of a political party cannot be challenged by a non-member of the party.
This clear position of the law was restated in the case of PDP V. IZUNASO & ORS (2015) LPELR-26021(CA) where the Court held that a non-member is a meddlesome interloper with respect to matters of membership/leadership of a political party.
As it is, the extant People Democratic Party action and intervention and or any other person and group whatsoever against and on principal officers and members of the executive committee or other governing body of All Progressive Party is not only otiose and academics but dead on arrival.
