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From Godwin Tsa Abuja
Legal battle seeking to void upcoming Osun State gubernatorial primaries of the Accord Party (AP) and consequently affirmed the suspension of its National Chairman, Maxwell Mgbudem has commenced before a High Court of the Federal Capital Territory (FCT), Abuja.
A faction of the party, had suspended Mgbudem, and his deputy National Chairman, Chief Okey Nwosu, over allegations of anti-party activities and replaced them with Prof. Chris Imumolen, citing a Federal High Court judgment which they claimed recognises Imumolen as the lawful national leader of the party.
In an originating summons marked FCT/CV/4955/2025, filed on December 3, 2025, the claimant, Oliver Bitrus, listed Accord Party, Barr. Maxwell Mgbudem and the Independent National Electoral Commission (INEC) as the 1st, 2nd and 3rd defendants respectively.
The claimant, through his counsel, Daniel Edeachi, is seeking an order of the court setting aside and nullifying the issuance of any statutory notices, particularly the notice of ward congress for the Osun governorship and the notice of primary in any part of the country in the name of the Accord Party.
He is further seeking an order setting aside and nullifying the acceptance, recognition and publication of the name of any candidate submitted to Independent National Electoral Commission (INEC) by Barr. Maxwell Mgbudem or any other person other than him (claimant), who is the lawful acting National Chairman of the party.
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In addition, he is urging the court to grant an order of perpetual injunction, restraining the 2nd defendant (Maxwell Mgbudem) from further parading or holding out himself as the National Chairman of Accord Party, carrying out any duty relating to that office, pending the lifting of his suspension.
Bitrus is further seeking an order of court restraining INEC from according the 2nd defendant (Maxwell Mgbudem) any recognition as the National Chairman of Accord Party, accepting and recognizing any primary election conducted, candidate nominated and submitted by him in relation to any election or giving effect to his actions whatsoever.
In the fresh suit, the claimant is seeking many seeking many reliefs including:”A declaration that upon a calm and community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c) , of the Constitution of the Accord Party, vis a vis the suspension of the National chairman of the Party (the 2 Defendant) , the 2 defendant cannot validly sign any notice on behalf of the party, constitute any committee in the name of the party, summon and preside over any meeting of the 1% defendant until the conclusion of the disciplinary action against him.
“A declaration that upon the community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c) , of the Constitution of the party, the 3” defendant cannot accept, recognize, sanction and/or cognizance any action of the suspended 2nd defendant pending the determination of the disciplinary action against him.
“A declaration that in view of the vacancy created by the suspension of the National Chairman of the party by the National Executive Committee of the Party at its meeting held on 29″ day of November, 2025 and the claimant having been nominated by the National Executive Committee, to act as Acting National Chairman of the Accord Party.”
The suit posed the following questions for the determination of the court as follows: “Whether upon a calm and community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c), of the Constitution of the Accord Party, vis a vis the suspension of the National chairman of the Party (the 2nd Defendant) , the 2nd -4th defendant can validly sign any notice on behalf of the party, constitute any committee in the name of the party, summon and preside over any meeting of the 1st defendant until the conclusion of the disciplinary action against him?
“Whether upon the community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c), of the Constitution of the party, the 3% defendant can accept, recognize, sanction and/or cognizance any action of the suspended 2nd defendant pending the determination of the disciplinary action?
“Whether in view of the resolution of National Executive Committee dated 29th day of November, 2025 wherein the Claimant is appointed to act as the National Chairman pending the conclusion of the disciplinary action against the 2? defendant, it is not lawful, constitutional and valid for the Claimant being to hold the position of the Acting National Chairman of the Party pending the conclusion of the disciplinary action against the 2nd defendant or pending the election of a new national chairman.
“Whether upon the community reading of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c) , of the Constitution of the party, the issuance of any statutory notices, particularly the Notice of Ward Congress for the Osun State Governorship election and the Notice of primary, in so far as they relate or pertain to the conduct of the governorship primaries of the party for the Osun State Governorship election or any other election in any party,” it reads.
