Court declares statutory delegates eligible to participate in APC primaries

A Federal High Court sitting in Kano on Friday granted an order that allows statutory delegates to participate in the forthcoming convention of the ruling All Progressives Congress (APC) billed for June 6 and 8, 2022.

Some APC members in Kano believed to be sympathetic to APC national leader, Bola Tinubu, had approached the court praying statutory delegates be recognised to participate in presidential primaries of the APC.

Mas’ud Doguwa, Habibu Sani and Bilyaminu Shinkafi filed the case before Justice A. M. Liman earlier on May 23, 2022, against the Senate President, Ahmad Lawan; National Chairman of APC, Senator Abdullahi Adamu; Speaker of the House of Representatives, Hon. Femi Gbajabiamila and the Independent National Electoral Commission (INEC) as defendants.

The applicants are supporters of the party’s presidential aspirant, Bola Tinubu, who is also a preferred aspirant of Kano State Governor Abdullahi Ganduje.

Doguwa, Sani and Shinkafi had prayed the court to declare that Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow. Statutory Delegation to vote at convention, congress or meeting.

The 2nd defendant (APC) had filed a counter affidavit in opposition to the originating summons dated June 1, 2022, but the 1st, 3rd and 4th defendants did not file any process in the suit.

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Delivering judgement, the presiding judge, Justice A.M. Liman, said: “Section 84(8) cannot be Interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(1v)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress or meeting.”

Statutory delegates are usually party officials at ward, local government, state and national levels in addition to past executives as defined by the party guidelines.

Others recognised as statutory delegates include the president, vice President, former presidents, former vice presidents, governors, deputy governors, serving and past members of the National Assembly, former governors, former deputy governors, council chairmen, serving councilors and past council chairman who are members of the party.

Excluding statutory delegates in the electoral law prior to this judgement has significantly reduced the number of delegates to participate in the primary election.

The Star