Judgment
AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): In 2018, the first respondent resigned from his position as the Deputy National Secretary of the second respondent, to contest in the General Elections of 2019, as Deputy Governor of Rivers State. Thereafter, he went back to his position as the Deputy National Secretary of the party. He later became “National Chairman or Acting National Chairman” of the second respondent and a member of its National Working Committee.
Incensed, appellants, as “fully registered and financial members”, of the second respondent (APC) took out an originating summons at the High Court of Rivers State, Port Harcourt, wherein they claimed – 1. A declaration that sequel to the resignation of the 3rd defendant (Hon. Victor Giadom) as Deputy National Secretary – in 2018, for the purposes of contesting in the 2019 General Elections as the Deputy Governor of Rivers State, the 3rd defendant is no longer the Deputy National Secretary. 2. A declaration that (Hon.
Victor Giadom) is not a member of the National Working Committee (NWC) of the 1st defendant having resigned his membership of the NWC of the 1st defendant for the purposes of contesting in the 2019 General Elections as the Deputy Governor of River State. 3. A declaration that the resignation of (Hon. Victor Giadom) as the Deputy National Secretary – in 2018 is valid and effective from 2018 till date. 4. A declaration that 3rd defendant (Hon.
Victor Giadom) is not the National Chairman or Acting National Chairman, or Deputy National Secretary or otherwise howsoever a member of the NWC of the 1st defendant. 5. An order restraining the 3rd defendant (Hon. Victor Giadom) from issuing, signing or endorsing any document or correspondence to the Independent National Electoral Commission (INEC) or any other body or institution in the capacity of the National Chairman or Acting National Chairman of the 1st defendant or howsoever as an officer of the 1st defendant. 6.
An order of perpetual (sic) restraining the 1st, 2nd, 4th and 5th defendants from recognizing or regarding the 3rd defendant as either, a member of the National Working Committee (NWC), the Deputy National Secretary, National Chairman or Acting National Chairman of the 1st defendant. They posed the following questions for determination by the trial Court: 1. Whether by the careful reading of Article 31(1)(iii) of APC Constitution, an officer or member of NWC can contest an election without first resigning ..in the absence of a waiver properly applied for and validly granted. 2.
