The Federal High Court in Jalingo, Taraba State, has reserved ruling in a suit challenging the exclusion of Abdulhadi Haruna Lau from the All Progressives Congress (APC) state chairmanship primary.
Justice Mashkur Salisu reserved ruling on Wednesday after lawyers representing the parties adopted their arguments in the case.
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Mr Lau is asking the court to invalidate the primary, arguing that he was qualified to contest but was prevented from participating despite completing the processes required by the party.
His lawyer, Musa Attah, a Senior Advocate of Nigeria (SAN), told the court that Mr Lau paid the required fees and was issued a receipt but was subsequently denied the form needed to contest the election.
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“He was denied the form to contest after paying the money,” Mr Attah argued.
The lawyer also urged the court to reject the argument that the dispute was purely an internal matter of the APC and therefore beyond judicial intervention.
He argued that the circumstances surrounding Mr Lau’s exclusion raised issues capable of being examined by the court because they affected his participation in the party’s electoral process.
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APC asks court to dismiss suit
The APC, through its counsel, Festus Kayode, SAN, urged the court to dismiss the suit.
Mr Kayode argued that the documents placed before the court had been properly executed and that the dispute concerned the internal administration of the political party.
He maintained that the court lacked jurisdiction to interfere with the party’s decision on the eligibility of an aspirant to contest its internal election.
Counsel to the second defendant, John Okezie, also opposed the suit.
Mr Okezie argued that although Mr Lau paid for the aspiration form, he failed to fulfil another financial requirement prescribed by the party.
He specifically alleged that the plaintiff did not pay the ‘penalty’ fee required under the APC constitution.
The defence further argued that Mr Lau failed to produce evidence of payment of the penalty fee or documentation from the APC National Working Committee confirming his eligibility to participate in the primary.
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Two key issues before court
The opposing arguments have left two major questions for determination: whether Mr Lau fulfilled all the requirements to contest the APC chairmanship position and whether the Federal High Court has jurisdiction to intervene in the party’s decision to exclude him from the primary.
Mr Lau’s legal team maintains that he completed the necessary procedures and was denied the opportunity to contest without a valid justification.
The APC and the second defendant, however, contend that he failed to meet the party’s requirements and that the court should not interfere in the party’s internal affairs.
With the parties having concluded their arguments, Justice Salisu reserved ruling in the matter.
The date for the ruling is expected to be communicated to the parties by the court.
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