A law suit instituted by Comrade Deji Adeyanju and Chief Dr Patrick Osagie Eholor over Professor Rhoda Gumus’ alleged membership of the All Progressives Congress (APC), which is the ruling party and her subsequent appointment by president buhari as an INEC commissioner has been slated for hearing on the 16th December, 2022.
The law suit, filed at Abuja division of the Federal High Court, in suit No FHC/ABJ/CS /234/2022, has the president of Nigeria, Attorney General of the Federation, INEC, Senate President and Prof Rhoda Gumus and was filed by Abuja based Human Rights lawyer, Samuel Ihensekhien Jnr on behalf of Deji Adeyanju and Patriot Patrick Eholor.
The suit is seeking for five distinct reliefs and other ancillary/mandatory consequential injunctions in this regard.
Recall that a few month ago, President Muhammadu Buhari conveyed the name of Prof Rhoda Gumus to the Nigeria Senate for confirmation as an INEC commissioner.
The above case was adjourned for 16th December 2022, after the court took submissions and arguments on the preliminary objections filed by lawyers for the Attorney General of the Federation (AGF) and the Nigerian president on Wednesday, 2ns November, 2022.
Samuel Ihensekhien Jnr, lead counsel to Chief Dr Patrick Eholor and Concerned Nigeria Group headed by Adeyanju Deji, urged the court to pay a close look at the decision of supreme court in Gani Fawehinmi vs FRN and Gani Fawehinmi vs Akilu cases and hold once a case has triable issues from statement of claim and a person has justiciable interest in a suit, then he has locus. He then urged the court to strike the frivolous application by AGF and the president with cost of five hundred thousand each against them.
Before now, Deji Adeyanju of Concerned Nigeria Group had questioned the rationale for the appiontment of Prof Rhoda Gumus, though he recognised Prof. Gumus’ professional capabilities.
Adeyanju stated that the nomination and consequent swearing-in of Prof Rhoda Gumus and mostly her swearing in by President Buhari nomination runs contrary to the provisions of Paragraph 14 of Part 1 of the Third Schedule to the Constitution as amended and Section 30, of then electoral Act, which prohibits the appointment of a member of a political party as an Independent National Electoral Commission’s (INEC) Commissioner.
Deji Adeyanju in a letter to the National Assembly , “Noted that precisely on March 27, 2021, Prof Rhoda Gumus registered as a card carrying member of the All Progressives Congress (APC) as evidenced in the said letter from Deji Adeyanju/Concerned Nigeria Group and addressed to the Senate of Nigeria, in order to halt/stop Prof Rhoda Gumus appointment as INEC commissioner.