Muiz Banire (SAN)

The Deputy Speaker or the Lagos State House of Assembly, Wasiu Eshilokun Sanni, has filed a suit before an Ikeja High Court seeking the expulsion of the National Legal Adviser of the All Progressives Congress (APC), Muiz Banire (SAN), for alleged anti-party activities.

Other chieftains of the APC who are claimants in the suit filed yesterday are Babatunde John Kehinde and Kazeem Olatunji.

In their motion filed through their counsel, Wahab Shittu, the claimants listed four issues for determination by the court.

They asked the court to determine whether the defendant, by his conduct, is a fit and proper person to occupy the office of National Legal Adviser of the party and by extension, membership of the National Convention, National Executive Committee and National Working Committee of the APC by virtue of Articles 12.3; 12. 4 and 12. 5 of the provisions of the Constitution of the APC 2014 (as amended), having in his capacity allegedly orchestrated forgery by facilitating the issuance of false document to Independent National Electoral Commission (INEC), to wit: submission of false letter of withdrawal from the House of Assembly 2015 Election Lagos Island 1, State Constituency dated January 9, 2015 and addressed to the Chairman, Independent National Electoral Commission (INEC) purportedly in the hand and signature of the first claimant knowingly and fraudulently, with intent that it be used or acted upon as genuine by the commission without the claimant’s consent and the APC knowing same to be false.

“Whether the defendant is not in breach of Article 21 (a) (ii) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended) by engaging in anti-party activities likely to embarrass or have adverse effect on the party or bring the party into hatred, contempt, ridicule or disrepute by reasons of the several actions of the defendant before, during and after the entire process of APC local government primaries in Lagos State.

“Whether the defendant is not in breach of Article 21(a)(v) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended) by unauthorized publicity of a party dispute concerning All Progressives Congress (APC) in Lagos State in the Punch Newspaper of July 1and 21, 2017 and Premium Times of July 10, 2017 respectively without reference to the APC Lagos State, the NEC and exhausting all avenues within the party hierarchy in Lagos State or at the National level

“Whether the defendant in his capacity as the National Legal Adviser of the All Progressives Congress, by his foregoing conduct and other actions detailed in the supporting affidavit herewith has not flouted the rules, regulations and decisions of the All Progressives Congress (APC) by engaging in anti-party activities likely to disrupt the peaceful, lawful and efficient organisation of the party in Lagos State contrary to Article 21 (a) (vii) of the provisions of the Constitution of the All Progressives Congress (APC) 2014 (as amended)”.

If the four issues are answered in the affirmative, they asked the court for a declaration that the defendant is not a fit and proper person to occupy the office of the National Legal Adviser of the APC

They sought a mandatory order of the court directing the appropriate organs of the party to take appropriate disciplinary measures against the defendant as entrenched in Article 21 of the provisions of the Constitution of the party.

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1 COMMENT

  1. In my opinion, this action should not have been commenced by way of Originating Summons . The allegations raised are very contentious and the same border on fraud which must be proved beyond reasonable doubt even in a civil trial . Secondly, most of the issues presented for determination are matters that ought to be resolved only through the internal mechanism of the party. In the premises, the action is likely to be struck out .

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