The tenure of the leadership of the party at the state, local government and ward levels was also extended by one year, according to the decision taken by the National Executive Committee of the party on February 27, 2018. Uzochukwu, who said he was an aspirant to the state chairmanship position of the party in Imo State, contended in the suit marked, FHC/ABJ/CS/219/2018, that the tenure extension was undemocratic and violated the provisions of the constitution, the Electoral Act and the constitution of the APC. He sued the APC and the Independent National Electoral Commission as the first and second respondents. Uzochukwu argued through his lawyer, Mr. Nnamdi Okere, that the extension of the tenure of the officials of the party at various levels was “the primary function and responsibility of the national convention” by virtue of the provisions of Article 13 and 13 (3) (ii) of the constitution of the APC 2014 (as amended). He, therefore, stressed that the tenure extension was unconstitutional and undemocratic since the national convention did not hold. The plaintiff urged the court to hold that the tenure extension for the NWC, the state working committees as well as the local government and ward executive committees of the party commencing from June 2018 to June 2019 “is illegal, unconstitutional, null and void and of no effect.” He urged the court to compel the incumbent John Odigie-Oyegun-led NWC and others to vacate their respective offices with effect from June 1, 2018, when they would have completed their four years tenure. Meanwhile, the plaintiff also sought an order compelling INEC “to reject, cease to recognise and stop dealing with or having official communications with the Odigie-Oyegun-led National Working Committee” and others effective from effective from June 1, 2018, “for having spent the constitutionally allowed tenure of office.” He sought an order declaring that he, as a registered and card-carrying member of the party, “has been denied the right to aspire and contest the Imo State Chairmanship of the All Progressives Congress, a position he is aspiring and canvassing for and has spent enormous resources, to warrant and justify the extant action.”]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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