Tuesday, 7 June 2022

Statutory Delegates : Court Of Appeal Restrains NASS


 

 The Abuja Division of the Court of Appeal on Monday issued an order restraining the National Assembly from imposing statutory delegates at the ongoing convention of the APC.

Delivering his ruling, Justice Haruna Tsammani also restrained the enforcement of the judgment of a Federal High Court in Kano delivered on June 3 granting the enforcement of the amended Section 84 (8) of the Electoral Act, 2022.

The ex parte application by the APC national chairman which was moved by A.A. Popoola and Karma Fagbemi, had pleaded with the Appeal Court to stay the execution of the judgment of Justice A.M. Liman of a Federal High Court in suit No. FHC/KN/CS/137/2022 permitting Senator Mas’ud El-Jibrin Doguwa, Hon. Habila Sani, Hon. Bilyaminu Yusuf Shinkafi, the Senate, the Speaker of House of Representatives and the Independent National Electoral Commission to enforce the amendment.

Justice Tsammani also ordered the service of processes of the order by substituted means against the parties in the matter and adjourned hearing of the motion on notice for stay of execution to June 9.

Adamu had contended that  Section 84(8) of the Electoral Act on statutory delegates participation in the primary, which amendment was still awaiting presidential assent was not in conflict with Section 223 of the Nigerian Constitution of 1999 and Article 20(iv) of the APC constitution.

He had further argued that the suit was filed in Kano on May 24 without joining of the Attorney General of the Federation as the Chief Law Officer of the Federation.

The APC said its constitution recognised two categories of statutory delegates, being elected and non-elected delegates.


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