Only NEC can expel me, Lukman replies APC legal adviser

May 2, 2023
31 Views
  • Party chief vows to continue court case against Adamu, Omisore

The crisis of confidence in the National Working Committee (NWC) of the All Progressives Congress (APC) is yet abated as the National Vice Chairman (North West), Dr. Salihu Moh. Lukman, has vowed to continue the legal battle until the committee convenes the National Executive Committee (NEC) meeting.

National Legal Adviser Ahmad El-Marzuq, in an April 24 memo to the National Chairman Abdullahi Adamu, recommended Lukman’s expulsion for externalising the crisis in the party by suing Adamu and the National Secretary, Iyiola Omisore, for alleged breach of the party constitution.

El-Marzuq had recommended disciplinary action against Lukman by invoking Article 21.5 of the APC constitution.

But in a two-page letter dated May 1 to the National Chairman, Lukman maintained that only the NEC, and not NWC, can expel any party officer.

The Zonal Chairman also insisted on pursuing his suit up to the apex court, maintaining that he has not committed any anti-party offence by approaching the court when all steps taken in the past failed to yield the desired result.

He hoped that El-Marzuq’s memo will be formally presented at Wednesday’s NWC meeting to enable the committee consider recommendations therein.

Faulting the legal adviser’s recommendation for expulsion, Lukman argued that Article 21.3(i) of the APC constitution confers the power of membership expulsion on only the NEC, and not another organ of the party.

He added: “While noting that the issues raised in the memo are a response to the suit I filed in the Federal High Court (Abuja Judicial Division), I hope the memo will be presented to the National Working Committee (NWC) meeting of May 3. In that case, the substantive issue will be the consideration of recommendations for disciplinary measures against me, which may require invoking Article 21.5 of the APC Constitution.

“I want to state that Article 21.3(i) of the APC Constitution explicitly mandated only the executive committee as the organ assigned the responsibility for disciplinary action for ‘a complaint by any party member against a public office holder, elected or appointed, or another member, or against a party organ or officer of the party, shall be submitted to the Executive Committee of that party at all levels concerned, which shall not later than seven days of the receipt of the complaint, appoint a fact-finding or disciplinary committee to examine the matter’.

“With this provision, my expectation will be for the NWC to consider the memo and, if adopted, refer the recommendations for onward transmission to NEC. In this case, the NWC will then act as the complainant. There is nowhere in the APC constitution where the NWC is given the power to discipline any party member. I have already forwarded the memo to my legal team for further legal action.”

Lukman also insisted on continuing his case in court, in his letter copied to President Muhammadu Buhari, President-elect Asiwaju Bola Tinubu, Chairman of the Progressive Governors’ Forum (PGF) and all NWC members.

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