The Federal High Court sitting in Abuja on Friday upheld the suspension of the presidential candidate of the African Action Congress (AAC) in the February 23 presidential election, Omoyele Sowore and Malcom Fagbiyi from the party.
The court also stopped Sowore Omoyele and Malcom Fagbiyi from parading themselves as the Acting National Chairman and Deputy National Chairman of the African Action Congress (AAC) respectively .
Justice Inyang Ekwo gave the order in a judgment delivered in the suit filed by Dr. Leonard Nzenwa who had prayed the court for an order directing Sowore and Fagbiyi to comply and obey their six months suspension by the National Executive Committee of the AAC from the party.
The court held that the prayer and averments of the plaintiff were bound to succeed because it was unchallenged by the defendants.
The failure of Sowore and Fagbiyi to personally deposed to an affidavit and enter defence in a case brought against them by the acting National Chairman Dr. Leonard Nzenwa was fatal to their case.
The party’s National Executive Committee (NEC) had on March 13 removed Sowore as National Chairman of the AAC for alleged corruption.
The party had in his stead appointed Dr. Nzenwa as the Acting National Chairman.
Comrade Oladele Ade, Acting Director Communication, in a statement said Dr Nzenwa was until then the National Secretary of the party.
The party recalled that at its second NEC meeting in Abuja, Sowore and nine other NEC members were accused of corruption and anti party activities, hence their suspension.
To give effect to the suspension of Sowore and others, Dr. Nzenwa, through ex parte motion, asked Justice Ekwo to restrain the suspended Sowore from parading himself as the national chairman of the party.
Justice Ekwo agreed with the plaintiff that “by the community reading of the provisions of Article 50, 51,52 (k) and (n), 54,77,80 and 81 of the Constitution of the African Action Congress (AAC),2018 the suspension of the first (Sowore) and second Fagbiyi defendants as the National Chairman and Deputy National Chairman (Headquarters), of the African Action Congress (AAC) for six months by the National Executive Committee of the African Action Congress(AAC) is not valid , in total and / or substantial compliance with the Constitution of the party.”
They also agreed that the appointment of
Dr. Nzenwa as the Acting National Chairman of AAC was inline with the provisions of Article 52(k) and (n), 76, 77, and 81 of the Constitution of the African Action Congress (AAC), 2018 , following the suspension of the first and second defendants.
The Court also granted perpetual injunction restraining the Independent National Electoral Commission( INEC) and agents from recognising Sowore and Fagbiyi as the National Chairman and Deputy National Chairman of AAC.
