The Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Wednesday, dissolved the chapters of the All Progressives Congress (APC) in the United Kingdom (UK) and all foreign countries for being illegal.
Delivering judgement in a suit brought by the Independent National Electoral Commission (INEC), the judge, Peter Kekemeke, settled the long-running controversy surrounding the existence and operation of diaspora chapters of political parties registered in Nigeria.
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He ordered the APC to transfer over N30 million generated from the sale of forms to INEC. He ruled that the APC lacked the power to raise those funds outside Nigeria.
“The first defendant has no legal power and capacity to establish, hold, maintain, recognise, supervise or monitor and or receive or maintain or solicit or receive funds from any person of his political party membership in the Executive Committee of Governing Council outside the territory of the Federal Republic of Nigeria,” the judge said.
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It added that the APC or any political party must notify INEC and account for all donations received from outside Nigeria within 21 days, in compliance with the Nigerian constitution.
“It is further declared that the first defendant is under a statutory and mandatory obligation to notify, account, develop all forms of access to financial donations received from persons in the diaspora and organisations outside the territory of the Federal Republic of Nigeria to the second defendant, within 21 days time frame stated under section 254 of the 1999 Constitution of the Federal Republic of Nigeria,” Mr Kekemeke held.
INEC filed the suit marked No: CV/187/2025, urging the court to nullify the UK Diaspora chapter of the APC.
The court held that diaspora chapters of Nigerian political parties were illegal, unconstitutional, and unknown to Nigerian laws.
The court held that no political party registered in Nigeria had the constitutional authority to maintain, establish, or conduct congresses outside the country’s territorial boundaries.
However, the judge held that Nigerians in the diaspora could support and mobilise for their preferred candidates in Nigeria, but political parties were not constitutionally permitted to have chapters abroad.
Mr Kekemeke added that political parties could also not manage or arrange congresses for Nigerians living in the diaspora.
According to the court, any political party, individual, or group that operates, sponsors, promotes, or associates with a diaspora chapter of a Nigerian political party commits an offence.
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The judge also held that any individual or group chairing or managing such a chapter and soliciting membership dues or other financial contributions committed an offence punishable by a fine of N5 million and imprisonment.
“The first defendant is thereby ordered to dissolve all executive committees or executive members, parties or governing bodies of the political party in the United Kingdom…anywhere in the diaspora outside the territory of the Federal Republic of Nigeria,” the judge ordered.
The court also restrained the APC “from establishing, constituting, and from maintaining any sector of his political party in the United Kingdom or anywhere in the diaspora outside the territory of the Federal Republic of Nigeria.”
INEC had criticised the conduct of the congress of the party in the UK, saying its activities fell outside the constitutional and legal framework governing political parties in Nigeria.
The commission further informed the court of its intention to recover all monies unlawfully collected in connection with the purported diaspora congress estimated to exceed N30 million.
The court granted all the 14 prayers of the claimant, including five mandatory orders that were supported by the commission.
(NAN)
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