Justice Ahmed Mohammed of the Federal High Court Abuja Division has fixed October 21 for the definite hearing of a suit challenging the Stanley Okoro led Caretaker Committee of the All Progressives Congress in Ebonyi State.
Justice Mohammed on Tuesday adjourned hearing in the suit following request by counsel to the plaintiffs for an adjournment to enable the legal team respond to preliminary objections and counter affidavits served on the plaintiffs counsel on Monday evening by five of the respondents .
Following the premature dissolution of Ebonyi State APC Executive, 16 chieftains of the party led by Hon. Chukwuma Odu are seeking an order of the Federal High Court in Abuja restraining the Caretaker Committee headed by Stanley Okoro from overseeing the affairs of the party in the State.
The plaintiffs have also asked the court to stop the Caretaker Committee from registering and reinvalidating the membership list of APC in Ebonyi State.
The chieftains further asked the court to restrain APC, it’s chairman Caretaker Extra Ordinary Convention Planning Committee, Mr Mai Mala Buni, APC National Caretaker Committee and All Progressives Congress National Executive Committee listed as the 1st, 2nd , 3rd and 4th defendants respectively from recognizing and accepting Okoro purported led caretaker committee.
They stated in a suit commenced by originating summons that the purported , Stanley Okoro, Aloy Nwibo and Engr. Ogbonnaya Igboke’s Caretaker Committee was unlawfully constituted and should not be recognized as APC Caretaker Committee in Ebonyi State in place of Engr. Jeff Ogbu and Mr.John Okochi who were duly elected officers.
When the came up on Tuesday for hearing, although ,the parties were fully represented in court counsel to the plaintiffs complained that they were served with preliminary objections and counter affidavits by the respondents on Monday evening. He said the affidavits have introduced new issues into the matter and that they the plaintiffs counsel needed to formally reply.
The respondents counsel did not object to an adjournment . Consequently Justice Mohammed adjourned the matter to October 21 for definite hearing .
Hon. Aloy Nwibo, Stanley Okoro and Engr. Ogbonnaya Igboke were listed as the 7th, 8th and 9th defendants in the suit filed on behalf of APC chieftains by Chief B. Igwilo (SAN ), and Prince Obed Amazu.
The plaintiffs also asked for four declarations bordering on the alleged breaches of APC rules particularly Article 47(i)(Ii)(iii) of All Progressives Congress Constitution 2014.
“A declaration that the purported constitution and recognition of a caretaker committee led by the 7th ,9th Defendants and others ,made up of non members of the APC to take over the activities of elected members of Ebonyi is in breach of Article 9 (I) of the APC 2014 and the 4th defendants (All Progressives Congress National Executive Committee’s ) resolution-decision of December 8, 2020.”
A further declaration that by the said “resolution of December 8, 2020 the 5th and 6th defendants and other composed members remains the valid state working committee of the APC Ebonyi State.”
The plaintiffs also raised eight questions for determination by the court including “whether by the provision of Article 17 (I) (ii) (IV) of All Progressives Congress Constitution 2014 , 1st to 4th defendants were right to dissolve the duly elected Ebonyi State working Committee of APC in December 2020 while the duration of their tenure in office is still subsisting till the year 2022, among other questions”.