Ekiti APC Crisis: Court Dismisses Suit Seeking Dissolution Of Omotosho-Led EXCO

A Federal High Court in Abuja has dismissed a suit that sought to compel the national body of the All Progressives Congress (APC) to dissolve the State Executive Committee (SEC) of its Ekiti State chapter for having been allegedly constituted in violation of Article 20(1)(a) of the party’s constitution.

The suit, marked: FHC/ABJ/CS/446/2020 was filed by members of the Ekiti APC Stakeholders Forum, led by Senator Tony Adeniyi, with Honourable Femi Adeleye as Secretary.

Listed as plaintiffs were the Special Adviser on Political Matters to President Muhammadu Buhari, Senator Babafemi Ojudu; Engr. Ayo Ajibade, Hon. Oyetunde Ojo, Hon. Femi Adeleye, Akogun Bunmi Ogunleye, Chief Akin Akomolafe (AKOG), Omooba Bamigboye Adegoroye, Dr. Wole Oluyede, Olusoga Owoeye, Dele Afolabi, Barr. Toyin Oluwasola and Otunba Ben Oguntuase.

Defendants in the suit were the APC, the Independent National Electoral Commission (INEC), the Inspector General of Police (IGP) and Paul Ayodele Omotosho (sued for himself and on behalf of members of the Ekiti State APC SEC).

In a ruling on Thursday, Justice Inyang Ekwo upheld the preliminary objection filed by the defendants, to the case was statute barred, having been filed about two years the cause of action arose.

Justice Ekwo who agreed with the defendants that the case was a pre-election matter, held the plaintiffs were in violation of the provision Section 285(9) of the Constitution when they filed on April 21, 2020, which was clearly over 14 days after the cause of action arose.

The judge was of the view that the provision of the Constitution made it mandatory that all pre-election cases, founded on the occurrence of events, decisions or actions, must be instituted within 14 days.

He said: “It is not contested that the cause of action in this case are the congresses of 28th November, 2017 and 1st December, 2017, while this action was commenced on 19th December, 2019.

“The period when the action was commenced is clearly outside the 14 days prescribed by Section 285(9) of the 1999 Constitution (as amended).

“The critical issue on time bar or statute bar is that, irrespective of anything that happened in between the time the cause of action arose and the time of filing the action, time does not stop to run.

“The duty of the court is to interpret the words contained in the statute and not to go outside the clear words in searching for an interpretation which is convenient to the court or to the parties.

“In the instant case, this matter is constitutionally spent when final decision could not be decided within 180 days permitted by law The hands of this court are tied by section 285 of the constitution.

“Having found that this suit is statute barred, I make an order dismissing it, and this case is hereby dismissed without cost. This is the order of this court.”

The plaintiff had contented that the manner the Omotosho-led SEC was constituted, during a stakeholders meeting held on September 15, 2018 at the Iyin Ekiti home of Otunba Niyi Adebayo, did not meet the provisions of the constitution of the APC, particularly Article 20(1)(a) and Section 85(1), (2)(a) and (3) of the Electoral Act 2010 as amended.

The plaintiffs, who claimed to be card carrying and financial members of the party in Ekiti State, said they were not invited to the stakeholders’ meeting where Omotosho and other members of the SEC were nominated and appointed into various positions.

In a supporting affidavit, the plaintiffs stated that, as against the provision of the party’s constitution, the names of members of the SEC were simply selected and positions allocated to them at the September 15, 2018 meeting held in Otunba Adebayo’s Iyin Ekiti home.

“After the said names were read out at the said meeting, Senator Dayo Adeyeye moved a motion, which was seconded by Senator Ayo Arise, to the effect that the said persons be adopted as constituting the members of the SEC.

“No representatives of the 1st and 2nd defendants (APC’s national body and INEC) were present at the said meeting, neither was any affirmative congress convened and held to ratify the said persons or any person to occupy any position of the State Executive Committee of APC, Ekiti State chapter,” the plaintiffs added.

They stated that their efforts to make the 1st defendant intervene and address their grievances yielded no results as the party failed to respond to their protest letter dated September 18, 2018.

The plaintiffs, who raised five questions for the court’s determination, had sought eight reliefs, to include a declaration that Omotosho and members of Ekiti APC SEC are unlawfully occupying the offices they currently occupy, and to restrain them from further parading themselves in that capacity.