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Party Primaries: Court Of Appeal Restrains Statutory Delegates From Voting 

The Court of Appeal sitting in Abuja, has restrained  statutory delegates from participate in all meetings, congresses and conventions of any registered political party in Nigeria.

The appellate court granted an order of interim injunction restraining parties from applying the judgment of the Federal High Court, Kano Division, which held that “Section 84 (8) of the Electoral Act 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.”

Hon. Justice A. M. Liman of the trial court gave lawmakers leave to participate in the APC primary in a suit filed by Masijde El-Jibrin Gogowa, Habibu Sani and Bilyaminu Shinkafi; against the Senate President, APC National Chairman, Speaker of the House of Representatives and the Independent National Electoral Commission (INEC).

But the appellate court having being notified of a motion on notice against the lower’s court judgment, ordered parties to maintain status quo pending the determination of the stay of execution application.

The matter was adjourned to June 9 for hearing while processes were ordered to be served on parties by substituted means.

The implication of the restraining order  is that all the statutory delegates of each political party can not participate in the subsequent Congresses and conventions, especially, the national convention of the APC.

Statutory delegates in this context include, ward, local government, state and national executives of the party, including past executives, as the guidelines of the party deem fit.

Others include, the President, Vice President, former Presidents, former vice Presidents who are members of the party; Governors, deputy Governors, former Governors, former deputy Governors, Council Chairmen, serving Councilors and past Council chairman who are members of the party, as may be decided by party guidelines.

Those captured in the statutory delegates cadre also include, serving and past members of the National Assembly of the party; though ministers, commissioners, supervisory councillors and other political appointees are excluded in the newly signed Electoral Act.

Manuels Effe


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