The Action Alliance has disowned one of the suits filed by the party seeking the disqualification of the presidential candidate of the All Progressives Congress for the 2023 polls, Asiwaju Bola Ahmed Tinubu.
Bayo Onanuga, Director of Media and Publicity, APC Presidential Campaign Council, announced this on Friday.
Onanuga said they told Justice Binta Nyako of the Abuja Judicial Division of the Federal High Court that the suit was unauthorised and that the masterminds were dismissed officials of the party.
He said Justice Nyako, in a ruling on November 22, approved the application by the duly elected chairman and secretary to be joined in the suit.
He recalled that Action Alliance had filed the case against the Independent National Electoral Commission as first defendant, the APC as second defendant, Tinubu as third defendant and Senator Kashim Shettima as fourth.
The APC PCC Director of Media and Publicity added that by the approval, the court upheld the argument of the officials that the suit was never authorised by the appropriate organs of the party.
This, he said, was especially as those who filed the action had been determined by the Court of Appeal as unfit for office.
Onanuga said the case for joinder was filed by the National Chairman and National Secretary of the AA, Adekunle Rafiu Omo-Aje and Ambassador Suleiman Abdulmalik.
He added: “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 added that while ruling on the matter, Justice Nyako declared that the main consideration in a joinder application was if the applicant seeking to be joined was a necessary party in that the decision would affect them one way or the other.
He quoted the Judge as having said: “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.”
According to Onanuga, Justice Ishola of Babatunde Ogala Chambers represented the APC, Thomas Ojo stood for Tinubu, while C.I. Ibenegbu was for Shettima, Tinubu’s running mate.
