By TAIYE AGBAJE

An aggrieved aspirant, Amb. Fubara Dagogo, has filed N100 million suit against the All Progressives Congress (APC) and its executive members over alleged unlawful exclusion from vying for the party’s national vice chairman, South South.

The APC National Convention 2026 is scheduled for Friday and Saturday at the Eagle Square, Abuja,

Dagogo urged Justice Joyce Abdulmalik of the Federal High Court in Abuja to determine whether there could be a legitimate zonal congress for South South APC with his exclusion after he was duly cleared and paid for his expression of interest (EoI) and nomination forms.

The News Agency of Nigeria (NAN) reports that the plaintiff, who is a chieftain of the party, named APC and Prof. Nentawe Yilwatda, APC’s National Chairman, as 1st amd 2nd defendants.

Dagogo also listed Hon Victor Giadom, APC’s National Vice Chairman, South South, and Sulaiman Muitamma, APC’s National Organising Secretary, as 3rd and 4th defendants respectively.

The matter, which was fixed for hearing on Friday before Justice Abdulmalik, could not proceed due to the absence of the judge.

The case, listed as “number 6” on the cause list, was subsequently adjourned until March 30 for mention.

NAN reports that in the originating summons, marked: FHC/ABJ/CS/591/2026 dated March 22 and filed March 23 by his lawyer, Chief Ogochukwu Onyema, Dagogo sought six reliefs.

He sought a declaration that by virtue of APC’s Payment Acknowledgment Receipt No. 26827 dated March 13 and issued to him, he is entitled to be issued with the requisite EoI and Nomination Forms as an aspirant for the position of National Vice Chairman, South —South Nigeria.

“A declaration of this honourable court that no APC National Chairman South South can emerge from the 25 March, 2026 APC Zonal South-South Zonal Congress when an aspirant like the plaintiff was excluded.

“A perpetual injunction restraining the defendants from conducting any zonal congress for South-South APC, on Thursday 25th day of March, 2026 as slated in the APC 2026 Schedule Of Nationwide Congresses, National Convention And Related Activities.

“Until the form of the plaintiff is duly issued, and he is given not less than seven days notice to prepare and participate in the zonal congress, to be conducted on another day.

“An order of court declaring as NULL and Void and of no Effect, the outcome of any APC National Congress for the position of National Vice Chairman South South conducted on 25//3/2026 or any other time, without the physical participation of the plaintiff,” he prayed.

Dagogo equally prayed the court to award a general damages of N100 million against the 3rd and 4th defendants jointly and severally for the discomfitures, embarrassments and mental torture, they occasioned to him with their ill conduct.

“An order of the honourable court awarding, a 10% interest per month on any judgment sum, until same is liquidated,” he added.

Dagogo, in the affidavit attached to the application, averred that he is a card-carrying member of APC aspiring for the office of National Vice Chairman, South South.

He said in line with the APC’s schedule, he was cleared and the party received and acknowledged his payment of N100, 000 and N5 million for the Expression of Interest (EoI) Form and Nomination Form respectively on March 13.

Dagogo said the same day, he went to the 4th defendant’s office to collect the forms and the 3rd defendant, who presently occupies the position he is vying for, saw him and inquired which form he came to collect, and he was told that he is contesting for his present office.

“That knowing my popularity and acceptability, and that I will likely win and displace him from the office, he brazenly issued instruction stopping the workers from issuing any EoI and Nomination Forms to me.

“And they simply told the me that forms for National Vice Chairman South South has finished, as if they customised the forms,” he said.

He said in a bid to exhaust internal remedies, he complained to Yilwatda, through a letter dated March 18 but got no response till date, among other party leaders he sought to meet.

Dagogo, who said Section 20(1)(A) of the Constitution of APC provides that every officer of the party shall be elected through democratic election during congress, urged the court to grant his reliefs in the interest of justice.

But the APC, in a preliminary objection filed by its lawyer, Kayode Okunade, urged the court to strike out or dismiss the suit for want of jurisdiction.

Okunade also prayed the court for an order striking out the originating summons filed by Dagogo as incompetent.

The lawyer, In his eight-ground argument, said the subject matter of the suit borders on the internal affairs of a political party, which is non-justiciable and outside the jurisdiction of the court.

He said Dagogo’s complaint, relating to non-issuance of nomination form despite payment, concerns the conduct of party congresses and pre-primary processes, which are within the exclusive domestic jurisdiction of the party.

Okunade argued that the applicant lacks the locus standi to institute the action, having not been duly recognised as a valid aspirant under the APC Constitution and Guidelines.

He said the suit is premature, the applicant having failed to exhaust the internal dispute resolution mechanisms provided under the party’s constitution.

The lawyer, who said the suit constitutes an abuse of court process, aimed at inviting the court to interfere in the discretionary powers of a political party, argued that Dagogo had not disclosed any reasonable cause of action against the respondents.

In his replying on points of law, Onyema who urged the court to dimiss the preliminary objection, argued that illegality in party processes should attract judicial sanction.

The lawyer, citing previous cases, including APC vs. Marafa (2020), submitted that “political party affairs remain internal only to the extent that they are conducted in accordance with the law and party’s rules.”

According to him, once fraud, illegality or breach of mandatory provisions is introduced, the matter becomes justiciable, among other arguments.

“We therefore implore my lord to dismiss this preliminary objection, assume jurisdiction and determine the matter on its own merit,” he said. (NAN)

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