A Federal High Court in Abuja has restrained the presidential candidate of the African Action Congress (AAC) in the last general elections, Omoyele Sowore and Malcolm Fabiyi from further parading themselves as National Chairman and the Deputy National Chairman of the party.
Justice Inyang Ekwo made the order in an ex-parte ruling on a motion filed by the party’s acting National Chairman, Dr. Leonard Nzenwa, which was argued by his lawyer, Emeka Ozani.
Justice Ekwo also restrained Sowore and Fabiyi from further exercising any power or function relating to the offices.
The judge equally restrained the Independent National Electoral Commission (INEC) from further recognizing the two in the capacities of National Chairman and Deputy National Chairman.
According to the judge, the orders made are to remain in force pending the determination of a motion on notice also filed by the plaintiff in the suit marked: FHC/ABJ/CS/512/2019.
Justice Ekwo, who ordered accelerated hearing of the substantive suit, directed that court processes be served on the 1st and 2nd defendants (Sowore and Fabiyi) through substituted means.
He adjourned further proceedings in the case till May 28 this year.
In a supporting affidavit, the plaintiff claimed that Sowore failed to fulfil the mandatory statutory requirement of holding the National Executive Committee (NEC) meeting of the party quarterly.
The plaintiff equally claimed that Sowore allegedly received money from foreign donors and converted it for his personal uses, in contravention of the provisions of the Constitution.
Nzenwa stated that despite appeals made to him to convene the party’s NEC meeting for the various allegations raised against him to be discussed, he failed to do so.
The plaintiff stated that party was compelled to adopt a resolution on March 27th, 2019 suspending Sowore and Fabiyi from the party for six months.