A faction of the Accord Party has launched a legal action before the High Court of the Federal Capital Territory Abuja, seeking to void the party’s forthcoming Osun State governorship primaries and to affirm the suspension of the party’s National Chairman, Maxwell Mgbudem.
The suit, filed on December 3, 2025 and marked FCT/CV/4955/2025, was instituted by Oliver Bitrus, who listed the Accord Party, Mgbudem and the Independent National Electoral Commission as the first, second and third defendants.
Bitrus, represented by counsel, Daniel Edeachi, contends that Mgbudem and his deputy, Chief Okey Nwosu, were duly suspended by a faction of the party over alleged anti-party activities.
Adding that the faction subsequently appointed Prof. Chris Imumolen as a replacement, relying on a Federal High Court judgment they claim recognises him as the lawful national leader.
In the originating summons, the claimant is asking the court to nullify all statutory notices issued in the name of the Accord Party, including the notice of ward congress and primary for the Osun governorship election.
He also seeks an order voiding the acceptance or publication of any candidate submitted to INEC by Mgbudem or any person other than himself, asserting that he is the lawful acting National Chairman.
Bitrus further seeks a perpetual injunction restraining Mgbudem from parading himself as National Chairman or performing duties of that office pending the conclusion of disciplinary proceedings against him.
He is equally urging the court to bar INEC from recognising Mgbudem or accepting any primary elections conducted by him.
Among the declarations sought, Bitrus argues that under Section 223 of the 1999 Constitution (as amended), Sections 82 and 84 of the Electoral Act 2022, and relevant provisions of the Accord Party Constitution, a suspended national chairman cannot sign statutory notices, summon meetings or constitute committees on behalf of the party.
He also asks the court to determine whether, in light of his nomination by the National Executive Committee on November 29, 2025 to act as National Chairman, it is lawful and constitutional for him to occupy the position pending the conclusion of the disciplinary process or election of a new chairman.
The suit also raises questions regarding INEC’s power to accept or recognise any action taken by Mgbudem while under suspension, including statutory notices relating to the Osun governorship primaries or any other election.
“A declaration that upon the community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c) , of the Constitution of the party, the 3” defendant cannot accept, recognize, sanction and/or cognizance any action of the suspended 2nd defendant pending the determination of the disciplinary action against him.
“A declaration that in view of the vacancy created by the suspension of the National Chairman of the party by the National Executive Committee of the Party at its meeting held on 29″ day of November 2025 and the claimant having been nominated by the National Executive Committee, to act as Acting National Chairman of the Accord Party,” the document read.
The suit posed the following questions for the determination of the court:
“Whether upon a calm and community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c), of the Constitution of the Accord Party, vis a vis the suspension of the National chairman of the Party (the 2nd Defendant) , the 2nd -4th defendant can validly sign any notice on behalf of the party, constitute any committee in the name of the party, summon and preside over any meeting of the 1st defendant until the conclusion of the disciplinary action against him?
“Whether upon the community reading of the provisions of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c), of the Constitution of the party, the 3% defendant can accept, recognize, sanction and/or cognizance any action of the suspended 2nd defendant pending the determination of the disciplinary action?
“Whether in view of the resolution of National Executive Committee dated 29th day of November, 2025 wherein the Claimant is appointed to act as the National Chairman pending the conclusion of the disciplinary action against the 2? defendant, it is not lawful, constitutional and valid for the Claimant being to hold the position of the Acting National Chairman of the Party pending the conclusion of the disciplinary action against the 2nd defendant or pending the election of a new national chairman.
“Whether upon the community reading of Section 223 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 82 (1), and 84(1), (2) and (3) of the Electoral Act, 2022 (as Amended) and Articles 18(1), and 20 (b) & (c) , of the Constitution of the party, the issuance of any statutory notices, particularly the Notice of Ward Congress for the Osun State Governorship election and the Notice of primary, in so far as they relate or pertain to the conduct of the governorship primaries of the party for the Osun State Governorship election or any other election in any party,” it reads.
The court is yet to fix a date for the hearing.
NAN