Home JUSTICE & JUDICIARY Kano APC Chairmanship: Court Strikes Suit Against Abbas

Kano APC Chairmanship: Court Strikes Suit Against Abbas

The Federal High Court sitting in Kano, presided over by Justice A.M Liman on Tuesday, declined jurisdiction to hear a suit by Ahmadu Haruna Danzago seeking for an Interlocutory Injunction to restrain Abdullahi Abbas from parading himself as Kano APC Chairman.

Danzago by means of originating summon, explained that he is registered members of All Progressive Congress (APC) in kano.

He maintained that on 16th October, 2021 he was duly elected into the office of chairman, arguing that Abdullahi Abbas (1st defendant) is presently occupying the purported position of chairmanship of the party, alleging that he contested the position without resigning his position as Caretaker Committee of the party, before contesting the substantive position.

Earlier, the defense counsel Chief MN Duru, urged the court to dismiss the suit for being incompetence and mere academic exercise.

In an affidavit duly deposed to by the Secretary of APC in Kano, Ibrahim Sarina prayed the court to settle the issue of jurisdiction of the court first for being the life wire of adjudication.

In his ruling on preliminary objection, Justice Liman said,

” I have gone through the legal documents adduced by both counsel i strongly believe that section 251(1) of the Constitution of Federal Republic of Nigeria 1999 as amended, expressively stated the eligible parties in a suit before a  Federal High Court,”

He continues, “Like at the instance case, the INEC, which is the supervisor and umpire of the congress conducted, is necessary to be join as a party in this suit,” he said.

Justice Liman further said that Federal High Court has jurisdiction to hear any suit where Federal Government Agency join as a party.

He stressed that no where in the originating processes filed by the plaintiff disclosed INEC as a party sued in the case.

He further stated that the suit by the plaintiff doesn’t fall within the scope of section 251(1) of the Constitution of Federal Republic of Nigeria 1999 as amended.

He said failure to join INEC as necessary party in the suit, disqualified the court to entertain the case.

The Presiding Judge, consquently, struck out the  suit for lacks of jurisdiction.

Speaking to justice Watch News after the ruling, Chief MN Duru expressed his joy and happiness.

On his part, counsel to the plaintiff, Barrister Solomon said they will study the ruling first, and advise the plaintiff appropriately.

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