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APC: Statutory delegates excluded from presidential primary… court ruling appealed

APC: Statutory delegates excluded from presidential primary… court ruling appealed
June 04
21:03 2022

The All Progressive Congress (APC) says the court judgment allowing statutory delegates to vote at the party’s presidential primary has been appealed.

A federal high court sitting in Kano had, on Friday, ruled that statutory delegates can vote at primaries of the party.

Ruling on the suit, A.M. Liman, the presiding judge, held that section 84(8) of the Electoral Act does not exclude statutory delegates from voting at primaries.

According to the judge, section 84(8) “cannot be interpreted to have excluded statutory delegates from voting at the convention, congress, or meeting by virtue of section 223 of the 1999 constitution (as amended) and article 20(iv)(c) of the All Progressives Congress (APC) constitution, which allow statutory delegation to vote at convention, congress or meeting”.

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Speaking with journalists on Saturday at the national secretariat of the APC, Abdullahi Adamu, chairman of the party, said the ruling of the high court has been appealed and notice of appeal served.

The position was also confirmed to TheCable by Felix Morka, APC national publicity secretary.

Morka, however, noted that the appeal was not filed by the APC as it was not joined as a party in the suit.

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He added that only accredited adhoc delegates will be allowed to vote at the primary billed for June 6-8.

“Matter is in court. Statutory delegates are excluded,” he said.

Statutory delegates are current and former public office holders — they include presidents and governors.

A bill seeking to enable statutory delegates to vote at conventions and congresses was recently passed by the national assembly.

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The bill followed an attempt by lawmakers to correct an “error” relating to section 84(8) of the Electoral Act.

However, President Muhammadu Buhari is yet to assent to the bill.

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