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From Olanrewaju Lawal, Birnin Kebbi
The Kebbi State High Court presided over by Justice Sabi’u Bala Shuaibu of High Court 5 has struck out a suit filed by former State Chairman of All Progressives Congress (APC) Arc Bala Sani Kangiwa, and two others challenging their dissolution as the party’s executive in the state.
In their suit, Kangiwa, Alhaji Aliyu Bature and Alhaji Garba Musa Tunga Marina are asking the court to reinstate them as the bonafide state executives of the party.
The respondents in the suit filed before the court are the APC as first respondents, Governor Mai Mala Buni as the second respondent, Alhaji Abubakar Moh’d Kana, Alhaji Abdullahi Imam Shema as 3rd and 4th respondents, respectively, while Alhaji Atiku Mai Mai Gwandu and Alhaji Ahmed Musa Jega as 5th and 6th respondents, respectively.
The claimants are challenging that their dissolution is unconstitutional, arguing that the party had a consensus agreement where they, the claimants, would be allowed to returns unopposed.
They sought an order of mandatory injunction by the Court to direct APC, His Excellency Mai Mala Buni, and two other defendants to reinstate them as State Chairman, State Financial Secretary and State Treasurer, respectively.
In his judgement, Justice Sabi’u Bala Shuaibu proclaimed that the court upheld the submissions of the defence counsels that the court has no jurisdiction to entertain the application and therefore, struck out the case.
‘Because of the nature of the complaint which borders on internal affairs of the political parties, the Supreme Court has made it clear that it is not a matter the Court can entertain as decided in the case of Jegede vs INEC,’ he stated.
‘Therefore, this court has no jurisdiction to entertain the matter. The case is hereby struck out.’
Reacting to the judgement, APC Legal Adviser Barrister Sanusi Samaila Jega described it as a welcome development, which also creates an avenue for the aggrieved members to reunite with other party’s members in the interest of moving the party forward.
Barrister Jega explained that the party did not apply for any award cost against the claimants because they are all party members.
