Court clears statutory delegates to vote at APC presidential primary

The number of those to vote to determine presidential candidate of the ruling All Progressives Congress at the June 6 National Convention in Abuja may have to be increased as a federal High Court in Kano has declared statutory delegates eligible to participate.

Statutory delegates of a political party in a convention or congress include government personnel and lawmakers elected on the platform of the political party.

A judgement order issued on Friday June 3 by Justice A.M Liman of the Kano Federal High Court of Nigeria was sequel to an originating summons dated the 23rd day of May, 2022 and filed on the 24th day of May, 2022.

The decision of the court allows senators and House of Reps members to vote during conventions, congresses and meetings.

President of the Senate Ahmed Lawan is also one of those seeking to become Nigeria’s oresident in 2023.

The Suit No FHC/KN/CS/137/2022 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 Progressives Congress Constitution, which allow Statutory Delegation to vote at convention, congress or meeting.

The suit, which was filed by Senator Mas’ud El-Jibrin Doguwa, Hon. Habibu Sani and Hon. Bilyaminu Yusif Shinkafi, had The Senate President, National Chairman of the APC, Speaker of the House of Representatives, and Chairman of the Independent National Electoral Commission (INEC) as defendants.

Justice Liman, in delivering the order noted that the second defendant filed a counter affidavit in opposition to the originating summons dated 1st of June, 2022 while the 1st, 3rd and 4th Defendants did not file any process in the suit.

”It is hereby ordered as follows:

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 Progressives Congress (APC) Constitution, which allow statutory delegation to vote at convention, congress or meeting,”