Stop addressing yourselves as APC members, Ariyo strikes Erue led state executive, heads to Court

Barrister Robinson Ariyo has called on Prophet Jones Erue and members of Delta State APC Executive Committee alleged to have been established by the election of the 26th day of April, 2014 at Hope Christian Centre along Benin-Asaba-Onitsha Expressway opposite Asaba Aluminum Company to desist from addressing themselves as or holding themselves out as members of the APC, Delta State Chapter.

According the legal practitioner, Prophet Jones Erue and members of his alleged Executive Committee are in the eye of the law no longer members of the APC due to the fact that they breached Article 21 A (x) and D (v) of the All Progressives Congress (A.P.C) Constitution 2014 (As amended) to the effect that they automatically lose their membership of the party and as such cannot present themselves as members of the Delta State Executive Committee of the party.   

Ariyo quoted Article 21 D (v) as follows:

“Any Member who files an action in Court of Law against the Party or any of its Officers on any matter or matters relating to the discharge of the duties of the Party without first exhausting the avenues for redress provided for in this Constitution shall automatically stand expelled from the party on filing such action and no appeal against expulsion stipulated in this clause shall be entertained until the withdrawal of the action from court by the member”

He said further that the Political Parties should be disciplined enough to obey the laws of the land and their own constitutions so as to assure the people of their readiness to defend the constitution of Nigeria if entrusted with political power

Ariyo said, “I am confident that the courts will never allow a political party to act arbitrarily or as it likes. Political party must obey their constitution, and once this is done there would be orderliness and this would be good for politics and the country”

He traced the breach of this fundament provision of the constitution to the action of Prophet Jones Erue and his colleagues following the judgment of the High Court of Justice, Delta State in suit No: A/245/2014 Chief Adolo Okotie-Eboh & Anor. Vs. All Progressives Congress (APC) & 2 Ors, of the State High Court, the Delta State Executive Committee which declared null and void.

Immediately this judgment was delivered, occurred, the Prophet Jones led Executive immediately filed an action (Suit No:FHC/WR/CS/165/15 PROHET JONES & 2 ORS VS. ALL PROGRESSIVES CONGRESS, APC, & 3ORS) against the party and its officials to prevent the party from setting up a caretaker committee.

This later action constitutes a breach of Article 21 A (x) and D (v) of the All Progressives Congress (A.P.C) Constitution 2014 (As amended).

Ariyo calls on all true progressives to take side with the Constitution of the party and not with any of its leaders no matter how highly placed.  

He has approached the Federal High Court in Warri for the following reliefs:

A DECLARATION that the filing of suit No: FHC/WR/CS/165/15 BETWEENPROPHET JONES ERUE & 2 ORS VS. ALL PROGRESSIVES CONGRESS (A.P.C) & 3 ORS by the 2nd to 4thDefendants in the circumstances of this case constitutes an infraction of the provisions of Article 21 A (x) and D (v) of the All Progressives Congress (A.P.C) Constitution 2014 (As amended) and as a consequence, the 2nd to 4thDefendants automatically stand expelled from the All Progressives Congress, APC effective from the 27th day of November, 2015 upon the filing the suit.

AN ORDER OF COURT restraining the 2nd to 4th Defendants, their servants, agents, and/or privies from further parading themselves as members of the All Progressives Congress (APC) as a consequence of their breach of the provisions of Article 21 A (x) and D (v) of the All Progressives Congress (A.P.C) Constitution 2014(As amended).     

 A DECLARATION that in the circumstances of this case, the Delta State APC Executive Committee comprising of the 2nd to 4th Defendants stands dissolved by virtue of  the 2nd to 4th Defendants filing of suit No: FHC/WR/CS/165/15 BETWEENPROPHET JONES ERUE & 2 ORS VS. ALL PROGRESSIVES CONGRESS (A.P.C) & 3 ORS. 

AN ORDER OF COURT restraining the 2nd to 4th Defendants, their servants, agents, and/or privies from further parading themselves, and/ or acting in any capacity as members of the Delta State APC Executive Committee either within the political territory known as Warri South Constituency 1, and/or anywhere in Delta State, and/or anywhere in Nigeria as a consequence of the declaration in (3) above.

 AN ORDER OF COURT restraining the 1stand 5th Defendants, their servants, agents, and/or privies from further according to the 2nd to 4th Defendants, any right and/or privilege, accruing to members of the All Progressives Congress, APC especially with regards to the planned process (es) (including the compilation of delegate list(s) , updating and validation of party delegate list(s) for the purpose of conducting party primaries as well as submission of APC candidate’s name) culminating in the bye-election to be conducted by the 5thDefendant for the Warri South Constituency 1, in the Delta State House of Assembly to take place in Warri South Local Government Area of Delta State of Nigeria anytime in 2017 or 2018.

AN ORDER OF COURT restraining the 2nd to 4th Defendants, their servants, agents, and/or privies from further holding themselves out as person(s) with the jurisdiction to midwife, plan, or participate in the planned process (es) (including the compilation of delegate list(s) , updating and validation of party delegate list(s)for the purpose of conducting party primaries as well as submission of APC candidate’s name) culminating in the bye-election to be conducted by the 5th Defendant for the Warri South Constituency 1, in the Delta State House of Assembly to take place in Warri South Local Government Area of Delta State of Nigeria anytime in 2017 or 2018.  

AN ORDER OF COURT restraining the 2nd to 4th Defendants, their servants, agents, and/or privies from further tempering with, compiling and /or updating the delegate list for the planned process (es) (including the compilation of delegate list(s) , updating and validation of party delegate list(s) for the purpose of conducting party primaries as well as submission of APC candidate’s name) culminating in the bye-election to be conducted by the 5th Defendant for the Warri South Constituency 1, in the Delta State House of Assembly to take place in Warri South Local Government Area of Delta State of Nigeria anytime in 2017 or 2018.

AN ORDER OF COURT compelling the 1st Defendant to evoke the doctrine of necessity and constitute an interim Committee to perform the duties of the State Executive Committee of the All Progressives Congress, Delta State Chapter especially for the purposes of facilitating the planned process (es) (including the compilation of delegate list(s) , updating and validation of party delegate list(s) for the purpose of conducting party primaries as well as submission of APC candidate’s name) culminating in the bye-election to be conducted by the 5th Defendant for the Warri South Constituency 1, in the Delta State House of Assembly to take place in Warri South Local Government Area of Delta State of Nigeria anytime in 2017 or 2018.

AN ORDER OF COURT setting aside any step(s) taken by the 2nd to 4thDefendants either collectively or individually with respect to the planned process (es) (including the compilation of delegate list(s) , updating and validation of party delegate list(s) for the purpose of conducting party primaries as well as submission of APC candidate’s name) culminating in the bye-election to be conducted by the 5th Defendant for the Warri South Constituency 1, in the Delta State House of Assembly to take place in Warri South Local Government Area of Delta State of Nigeria anytime in 2017 or 2018.

He has called on the party loyalists of the party to stand by the party constitution at these tying times as the rule of law is always preferable to the rule of men; he concluded.

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