A High Court of Federal Capital Teritory, Maitama on Monday has barred the National Chairman of the Accord Party, Hon. Mohammad Lawal Nalado, from further occupying any position in the party.
This was as the court also sacked all the National Executive Members and National Working Committees, who were said to have contested and spent more than two terms in office and so prevented from re-contesting for the same post/office or remain in the same office in acting capacity after the expiration of their term(s).
In a judgment delivered by Hon. Justice O. A. Adeniyi was consequent upon an Originating Summons brought against the National Executive and National Working Committee of the party by Innocent Igboekwe, Prince Joseph James and Jamilu Abass.
Represented by their Attorney, Chief Wakeel Olawale Liady of The Bridge Chambers, the three party members sought a declaration from the court to prevent the national officers of the party not to hold any office in their hierarchy of the party having been sworn-in twice as prescribed by the constitution of the party.
The plaintiff also asked the Court to declare that thetenure of office of Hon. Mohammad Lawal Nalado’sled National Executive Committee and National Working Committee of the party has expired on the 17th of January 2022 having been elected and sworn in on the 18th day of January, 2018.
The declaration stated inter alia: ‘Having regard to the clear and unambiguous provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 85 (3) of the Electoral Act 2010 (as amended) and Articles 19 and 23 of the Constitution of the Accord Party,
‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022 there has been a vacuum in the administration and running of the 1stDefendant’s political party.
‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022, the 3rd, 4th and 5thDefendants and/or any member of their committee cannot function, act and perform as subsisting members of the National Executive Committee and National Working Committee of the 1st Defendant as from 18th day of January, 2022.
‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call and hold National Convention and meetings of the National Executive Committee and National Working Committee as required by the law is a gross violation of provisions of the 1st Defendant’s Constitution.
‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call for the annual auditing of the finance of the ACCORD is an infraction of the provision of 28 (1) of the Constitution of ACCORD.
‘By virtue of provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 85 (3) of the Electoral Act 2010 (as amended), the 2nd Defendant should oblige that the 1st, 3rd, 4th and 5th Defendants to comply with the extant laws on tenure of office and finance of the ACCORD.’
Granting the plaintiff’s prayers, Justice Adeniyi therefore restrained the Accord Party and the National Independent Electoral Commission (INEC) from allowing the Naldo, Michael Lerama, and Barrister Maxwell Ngbudem alongside other executive and the NEC members, who had contested and held party office for two terms from further contesting and holding office after their second term.
The Court also granted an order in favour of the Plaintiff restraining Accord Party and INEC from according or continuing to accord any recognition to the r any other member of the party, who has servedduring Hon. Mohammad Lawal Nalado’s led National Executive Members and National Working Committee because their tenure of office had expired on the 17th day of January, 2022.
Justice Adeniyi also directed the Accord Party tohold its National Convention/State Congresses with a view to elect members of the National and State executive Committee with ninety (90) days from the date judgement is delivered in this suit.
