AUSTINE AGADA WITHDRAWS COURT CASE AGAINST BENUE APC CARETAKER COMMITTEE

By Akume Raphael.

The former Chairman of the All progressives Congress (APC) in Benue State, Comrade Austine Agada has withdrawn a suit filed by himself and 8 others at the Benue State High Court against the All Progressives Congress (APC) Caretaker Committee today, the 2nd of October, 2024.

When the case came up, Counsel to Austine Agada, Eyitayo Fatogun, SAN told the Court that he has been instructed by his client, Hon. Austine Agada to withdraw the case. He then proceeded to make an oral application for the suit with Suit No: MHC/366/2024 to be struck out.

The Attorney General who appeared in the matter for himself did not oppose the application made by Agada’s Counsel.

Consequently, Honorable Justice T. A. Kume struck out the suit without any order as to cost.

In the withdrawn suit, Honorable Austine Agada, Dr. Steven Tsav, Vincent T. Uji, Hon. Bishop Ogbaji, Princess Awuese Torhee, Hon. Dan Morgan, Hon. David Hangeior, Hon. Aluor Simon and Hassan Mohammed, sued Hon. Benjamin Omale and his Unity Caretaker Committee members seeking the following reliefs;

1. A Declaration that the Caretaker Committee headed by Benjamin Omale CANNOT takeover and assume the duties/functions of the Benue State Executive Committee of the APC and conduct Primary Elections of the APC to field candidates of the APC in the Local Government Councils Elections in Benue State.

2. A Declaration that the purported dissolution of the Benue State Executive Committee of the APC and appointment of the Caretaker Committee to conduct primary elections of the APC in Benue State to feature candidates in the Local Government Councils Elections in Benue State is unlawful null and void and of no effect whatsoever.

3. A Declaration that any action and or step taken or to be taken by the Caretaker Committee in the direction of conducting primary elections of the APC in Benue State for Local Government Councils Elections in Benue State, including the announcement of sale of Nomination Forms, the sale of Nomination Forms, screening of Aspirants, conduct of primary elections, submission of List of nominated candidates to BSIEC, is a nullity.

4. AN ORDER setting aside all actions and steps already taken by the Caretaker Committee in the direction of conducting primary elections of the APC in Benue State for Local Government Councils Elections in Benue State.

The second case withdrawn today was Suit No: MHC/356/2024, instituted by Hon. Basil Yina, Vincent Ocheme, Jonathan Shimgbe, Terver Agwaza and others against APC, BSIEC, Attorney General of the State and the Unity Caretaker Committee headed by Benjamin Omale.

The matter was brought pursuant to Section 6 (6) A & B, 223, (2) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 11,12,17 (i) 21.1, & 13.9 of the Constitution of APC.

The Plaintiffs sought the following reliefs;

1. That only the Executive Committee members of the State Working Committee has the power to conduct party primaries elections for the nomination of candidates for the Benue State local Government elections.

2. That Benue State Independent Electoral Commission (BSIEC) should not accept names of Chairmen, Vice Chairmen as well as Councilors from any other person rather than Hon. Austin Agada led EXCO.

3. An order restraining any other person or persons from parading themselves as candidate of APC for Local Government elections aside the names submitted for Chairmanship, Vice Chairmanship and Councillorship candidates by Honorable Austine Agada EXCO.

4. An order directing the Caretaker Committee headed by Benjamin Omale to remit all monies collected for purchase of forms and other dues to the account which will be nominated by Austin Agada.

5. An order nullifying any action taken be BSIEC for accepting names from the unity Caretaker Committee headed by Hon. Benjamin Omale.

Meanwhile, the Court has set 7th October 2024 to hear Hon Benjamin Omale’s application to join in the Austine Agada’s suit challenging the dissolution of the State EXCO of the APC.

Honorable Justice T. A. KUME, while adjourning the matter stated that whatever the outcome of Hon. Benjamin Omale’s application for joinder on the 7th of October, 2024, the Court will hear the substantive matter on the 14th of October 2024.