Justice Inyang Ekwo of the Federal High Court in Abuja recently ruled against a lawsuit aimed at removing Dr. Abdullahi Ganduje from his position as the National Chairman of the All Progressives Congress (APC). The case was dismissed primarily on the grounds of “locus standi,” a legal term referring to the right or capacity of a party to bring an action in court. The judge agreed with objections raised by the second and third defendants, who argued that the claimant, the North Central APC Forum, lacked the requisite legal standing to file the suit. The court found that the plaintiff had not demonstrated the necessary qualifications to initiate such legal action, which ultimately led to the dismissal of the suit.
The judge further ruled that the North Central APC Forum, led by Saleh Zazzaga, did not possess juristic personality as it had not been registered under any law. According to the judgment, the plaintiff failed to provide a registration certificate from the Corporate Affairs Commission, which would have substantiated their claim of being a legitimate entity capable of instituting litigation. The court emphasized that for any party to pursue a case, it must be recognized as a legal body; otherwise, its actions lack legal recourse. The lack of formal recognition hindered the forum’s ability to challenge Ganduje’s appointment legally.
In addition to the issues surrounding the plaintiff’s legal standing, Justice Ekwo pointed out that the plaintiff did not first seek resolution through the internal mechanisms of the APC. The court stressed the importance of exhausting internal processes before resorting to judicial intervention. Political parties typically have internal structures for addressing grievances, and the refusal to utilize these avenues weakened the plaintiff’s case and further supported the dismissal of the suit. This action underscored the judicial reluctance to intervene in disputes that are ostensibly internal to political organizations.
The plaintiff’s primary claim argued that Ganduje’s appointment as APC National Chairman was unconstitutional. They highlighted that appointing Ganduje, who hails from Kano State in the North West, to replace Senator Abdullahi Adamu from Nasarawa State in the North Central zone violated the party’s constitution. Specifically, it was claimed that this was in breach of Article 31.5(1) of the APC Constitution, which sets forth guidelines for appointments. The claimants sought legal remedies that included barring Ganduje from appearing as the party’s leader and forbidding the Independent National Electoral Commission (INEC) from recognizing actions taken by the party since Ganduje’s appointment on August 3, 2023.
Despite the legal challenges posed by the North Central APC Forum, Ganduje received significant support from within the APC. The Forum of All Progressives Congress State Chairmen, consisting of 37 state representatives, expressed their confidence in Ganduje by passing a vote of support. This show of solidarity, marked by a visit to the party’s secretariat in Abuja, highlights the internal backing Ganduje enjoys, reinforcing the contention that his appointment aligns with party preferences at the state level. This support may have implications for the internal dynamics and future legal challenges the party may face.
Ultimately, Justice Ekwo’s decision to dismiss the suit emphasizes the need for legal actions to be grounded in proper jurisdiction and procedural appropriateness. The ruling serves as a reminder that political disputes over leadership and internal appointments require respect for both legal structure and established party protocols. Without legitimate standing and thorough internal conflict resolution, claims against political figures and their decisions may be swiftly struck down by the courts, preserving the autonomy of political entities while reinforcing legal protocols.
