A court of appeal sitting in Abuja has fixed October 19, 2021, to hear an appeal filed by Omoyele Sowore, challenging a judgment which affirmed his suspension as national chairman of the African Action Congress (AAC).
In May 2019, the AAC had suspended Sowore, who was the presidential candidate of the party in the 2019 election, as well as Malcolm Fabiyi, who was deputy national chairman, following allegations of misappropriation.
Leonard Nzenwa was, thereafter, appointed the acting national chairman.
In July 2019, a federal high court in Abuja, presided over by Inyang Ekwo, had affirmed Sowore’s suspension.
The court also ordered Fabiyi to stop parading himself as deputy national chairman of the party and restrained the Independent National Electoral Commission (INEC) from further recognising Sowore, pending the determination of a motion on notice.
Ekwo, in his judgement, also said Sowore’s failure to personally swear to the counter-affidavit filed against him means that Nzenwa’s claim remains undisputed.
But according to a statement on Thursday by Femi Adeyeye, AAC’s spokesman, in an appeal marked CA/A/812//2019, Inibehe Effiong, the party’s legal adviser argued that the federal high court had no jurisdiction over the intra-party matter.
He also argued that Sowore and Fabiyi were denied fair hearing, before a decision was reached on the issue of the affidavit.
According to the statement, the appeal court, on Thursday, granted the AAC leave to challenge the judgment of the high court.
The appeal court gave Sowore 21 days to file a notice of appeal against his suspension.
The court also fixed October 19 to “hear an appeal marked CA/A/812/2019 filed by Sowore and Fabiyi against another judgment obtained by Nzenwa”.
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