Abuja Court Voids NYCN Election, Sacks New Exco

An Abuja FCT High Court on Friday nullified the election of the new president of the National Youth Council of Nigeria (NYCN), Barrister Ikenga Ugochinyere and also sacked its executive council forthwith.

The Street Journal recalls that Ugochinyere and the 22-member exco were purportedly elected into office on August 6.
The election was, however, challenged by the Incorporated Trustees of the National Peace Corps of Nigeria.

Joined as defendants in the suit marked FCT/HC/CV/2612/2015 are Incorporated Trustees of the National Youth Council of Nigeria (NYCN) and the Federal Ministry of Youth Development.

The Federal Ministry of Youth Development did not defend the suit in spite of being served with the originating summon issued out by Barrister Rilwan A. Sadiq on behalf of the plaintiff while Barrister Joseph Chukwuemeka who represented NYCN did not oppose the granting of the reliefs sought by the plaintiff.

Delivering judgment, Justice Valentine Ashi, ordered the NYCN president’s removal from office and barred him henceforth from parading himself as the NYCN President

Justice Ashi held that their election violated the constitution of NYCN on election matters.

He said the purported election of the NYCN was wrong, unlawful, illegal and an aberration because the provisions of the constitution of the NYCN was breached by the refusal to notify, involving and carrying along all affiliated voluntary youth organizations to the NYCN in the election.

In specific terms, the court held that section 13 (1) of the NYCN constitution was violated because the congress of the NYCN which led to the election was not legally convened by the defendants.

The Judge held that the purported National Youth Council of Nigeria “National Elective Congress” organized by few members of the National Youth Council of Nigeria and in the name of the National Youth Council of Nigeria on the 6th and 7th of August, 2015 was Illegal, unlawful and contrary to the Constitution of the National Youth Council of Nigeria – amended 2012.

He also held that the constitution of the purported Electoral Committee by a few members of the National Youth Council of Nigeria contrary to the Constitution of the National Youth Council of Nigeria 2012, and the Judgment of the Federal High Court, Abuja in suit No. FHC/ABJ/CV/57/2008 was unlawful, null, void and of no effect whatsoever.

The Judge, therefore, barred the defendants from parading or further parading the purported members of the National Executive Council purportedly elected on the 6th and 7th of August, 2015 as the President and National Executive Council of the National Youth Council of Nigeria.

He also stopped the defendants from according any form of recognition howsoever described to the purported members of the National Executive Council of the National Youth Council of Nigeria purportedly elected on the 6th and 7th of August, 2015 as the President and National Executive Council.

The Judge said: “In view of the fact that the defendants did not defend this suit, I am of the view that there is no contest and no questions of fact to be tried.

“Rather, what has happened is that in the eyes of the law, both the 1st Defendant who attended court and expressly conceded to the claim as well as the 2nd Defendant who failed to attend court although duly served and also neglected to file a defence are all deemed to have admitted the plaintiff’s claim and under Section 123 of the Evidence Act, what is admitted need no proof.

“In the light of the foregoing and the law bearing on same, all the 3 questions formulated by the plaintiff in its originating summons are answered in the affirmative and judgment is hereby entered for the plaintiff as per the reliefs endorsed on the originating summons.’’

Author: newsadmin2

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