The Action Alliance (AA) has renounced one of the lawsuits the party filed to have Asiwaju Bola Tinubu, the All Progressives Congress (APC)’s 2023 presidential candidate, declared ineligible.
The APC Presidential Campaign Council’s (PCC) Director of Media and Publicity, Mr. Bayo Onanuga, made this announcement in a statement on Friday in Abuja.
Onanuga claimed that they informed Justice Binta Nyako of the Abuja Judicial Division of the Federal High Court that the suit was unlawful and that the party’s masterminds had been expelled as party officials.
He claimed that Justice Nyako granted the duly elected chairman and secretary’s request to be included in the lawsuit in a decision on November 22.
He remembered that Action Alliance had brought the lawsuit against INEC as the initial defendant, the APC as the second defendant, Sen. Bola Tinubu as the third defendant, and Sen. Kashim Shettima as the fourth defendant.
The suit was never authorized by the proper party organs, the APC PCC Director of Media and Publicity continued, and the court upheld this claim by granting permission.
This, he claimed, was particularly true given that the Court of Appeal had found the individuals who had brought the action to be unfit to hold office.
According to Onanuga, the National Chairman and National Secretary of the Action Alliance, Mr. Adekunle Rafiu Omo-Aje, and Ambassador Suleiman Abdulmalik, respectively, filed the case for joinder.
“Both informed the court that Kenneth Udeze, who initiated the suit, had been sacked by the Appeal Court and that both, who were the only officers recognised by the party at no time authorised the suit.
“Both averred that the action being prosecuted in the court was not authorised by the party and that proponents in the case were meddlesome interlopers with no capacity or authority to act on the party’s behalf.
“Opposing the application, the respondents filed a 15-paragraph counter-affidavit which argued that the application be dismissed because it failed to comply with Order 26 Rule 3 of the Federal High Court,” Onanuga said.
In his decision, Justice Nyako stated that the primary factor in a joinder application was whether the applicant seeking to be joined was a necessary party, meaning that the outcome would have some bearing on them.
“The plaintiffs and respondents have not placed anything that would convince the court not to allow them into the case.
“I am of the opinion that they are necessary to the case to determine if the case was properly instituted or not.
“Consequently, the application succeeds and the applicants are hereby joined as parties to this action as Defendants,” Onanuga quoted the Judge as saying.
He claims that Tinubu is supported by Thomas Ojo of the Babatunde Ogala Chambers, while Shettima, Tinubu’s vice presidential running mate, is supported by Mr. C.I. Ibenegbu.