Justice Valentine Ashi of the Federal Capital Territory High Court, sitting in Apo, has nullified the August 6, 2015, congress and purported election of President of the National Youth Council of Nigeria (NYCN), Barrister Ikenga Ugochinyere and 22 other executive members.
Consequently, the court made an order perpetually restraining the Incorporated Trustees of NYCN and Federal Ministry of Youth Development (all defendants), their privies, agents, assign and anybody, howsoever described, acting for himself from parading or further parading the purported members of the National Executive Council as president and national executive.
The court 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 purported elected 6 and 7 August, 2015, as President and National Executive Council of NYCN.
The judge made the order while delivering judgment in a suit marked FCT/HC/CV/2612/2015 and filed by the Incorporated Trustees of the Peace Corps of Nigeria (PCN) challenging NYCN congress and subsequent election that ushered 23 executive into office in August.
Justice Ashi held that the purported election was wrong, unlawful, illegal and an aberration, because the provisions of the constitution of NYCN was violated by the refusal to notify, involving and carrying along all affiliated voluntary youth organisations to NYCN in the election.
Specifically, the presiding judge stated that Section 13 (1) of NYCN Constitution was breached, because the congress of NYCN, which led to the election, was not legally convened by the defendants.
In addition, the court held that the purported National Youth Council of Nigeria ‘National Elective Congress’,
organised by few members of NYCN and in the name of the council on 6 and 7 August, 2015, was illegal, unlawful and contrary to the Constitution of the National Youth Council of Nigeria – amended 2012.
Also the court noted 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 Federal Ministry of Youth Development did not defend the suit despite being served with the originating summon issued by Barrister Rilwan A. Sadiq on behalf of the plaintiff, while Barrister Joseph Chukwuemeka, who represented NYCN did not oppose granting of reliefs sought by the plaintiff.
Justice Ashi 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.