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The Peoples Democratic Party (PDP) has filed a suit at the Federal High Court, Abuja praying the court to declare the office of Yobe State Governor and Chairman of the Caretaker/Extraordinary National Convention Planning Committee of the All Progressives Congress, Mai Mala Buni, vacant.
It asked the Court to declare that Buni contravened provisions of Section 108 of the Constitution of the Federal Republic of Nigeria 1999 (As amended), by retaining his seat as Yobe State governor while presiding over the affairs of the APC as chairman.
This was contained in a court document titled, “Originating summons,” with suit No: FHC/ABJ/CS/-883/2021,” which was obtained in Abuja.
The PDP has Amb. Umar Damagun and Baba Abba Aji listed as the 1st, 2nd and 3rd Plaintiffs, while Buni, Idi Gubana, the APC and the Independent National Electoral Commission, were listed as 1st, 2nd, 3rd and 4th Respondents respectively.
The plaintiffs are asking the Court to determine whether Mai Mala Buni had not breached Section 183 of the Nigerian constitution when he accepted APC’s appointment as Chairman Caretaker Committee and proceeded to occupy the office while still the Governor of Yobe State.
They also asked the Court to determine whether Buni had not ceased to hold the office of the Governor of Yobe State going by the provision of Section 183 of the constitution.
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The PDP sought the court to declare that Buni has breached the said provision and ceases to hold office as Yobe State Governor.
They also asked the Court to declare that Buni has ceased to be the Governor of Yobe State based on the Supreme Court judgment in SC/448/2021 between Eyitayo Jegede and Another V. INEC.
The plaintiffs prayed to the Court to, upon a favourable determination of the questions listed, grant the following reliefs: “1. A declaration that the 1st Defendant breached the clear provisions of Sections 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended.)
“2. A Declaration that the 1st Defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd Defendant has ceased to hold the office of the governor of Yobe State having regard to the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” among others.
The PDP prayed the Court to direct the Chief Judge of Yobe State or any other judge to in his absence, immediately swear in Umar Damagum and Abba Aji (2nd and 3rd plantiffs) as the Governor and Deputy Governor of Yobe State as the office has become vacant.
In a separate suit marked No: FHC/ABJ/CS/515/2021, filed by the New Nigeria Peoples Party, as Plaintiff listed INEC, APC, Abubakar Abdullahi and Governor Mai Mala Buni as 1st, 2nd, 3rd and 4th Defendants respectively.
The plaintiff prayed the Court to among other things, hold that “the Caretaker Committee set up by the 2nd Defendant upon the dissolution of the Elected National Working Committee of the 2nd Defendant (APC), by the National Executive Committee on 25th June 2020, has no lawful powers to administer the affairs of the 2nd Defendant.”
This post was written by Obiajulu Joel Nwolu.
The views expressed here belong to the author and do not necessarily reflect our views and opinions.