Justice Inyang Ekwo of a federal high court, Abuja, on Friday upheld the suspension of the Presidential Candidate of the African Action Congress, AAC, Mr. Omoyele Sowore and the Deputy National Chairman of the party, Malcolm Fabiyi.
Justice Inyang Ekwo of a Fedetal High Court in Abuja has restrained the suspended National Chairman of the African Action Congress, AAC, and the Presidential candidate of the party in the last presidential election to stop parading himself as the National Chairman of the party.
The party had filed a suit praying the court to to stop Sowore and Fabiyi from parading themselves as officers of the party.
The Court also restrained the Independent National Electoral Commission, INEC, from further recognizing the suspended Chairman, Sowore pending the determination of the motion on notice .
Justice Ekwo in his judgment said by s
The provision of Section 40 of the 1999 Constitution of the Federal Republic of Nigeria, AAC is a political party registered by INEC and as such the court cannot meddle into its internal affairs.
”The party as an association is bound to conduct its affairs in line with its constitution”, he said.
He further said in his judgement that the failure of the defendants in the matter to enter defence means that the claim of the plaintiff remains uncontroverted.
Justice Ekwo who held that the defendant treated the case before the court with levity also held that the averment Dr. Joshua Adeoye, who deposed to an affidavit of evidence for the defendants amounts to no issue.
The Newly sworn in Acting Chairman Leonard Nzenwa, who dragged the suspended chairman to court described the judgement as victory for democracy and urged all stakeholders to join his reform agenda.
Sowore was suspended as the Chairman of the party and in his place appointed Dr. Leonard Nzenwa, as the Acting National Chairman.
In the affidavit in support of the motion on notice, the party alleged that Sowore failed to fulfil the mandatory statutory requirement of holding the National Executive Committee meeting if the party quarterly.
He was also accused of receiving money from foreign donor and used it for his personal use in contravention of the provisions of the Federal Republic of Nigeria.
The party said despite appeals made to him to call for NEC meeting of the party to respond to allegations against him, he failed to do so.