Court vacates order stopping PDP convention on August 03, 2013 - TopicsExpress

Court vacates order stopping PDP convention on August 03, 2013 / in News 3:09 am / Comments By Ikechukwu Nnochiri Respite came the way of the Peoples Democratic Party, PDP, yesterday, as an Abuja High Court at Apo, vacated the interim order that restrained it from going ahead with its planned special convention fixed for Saturday, August 31. Justice Suleiman Belgore equally struck out the suit that sought to sack the National Chairman of the party, Alhaji Bamangar Tukur, from office sequel to an application by the plaintiffs, begging the court to discontinue further hearing on the matter. The plaintiffs, Abba K. Yale, Yahaya Awira Sule and Bashir Maidugu, through their lawyer, Mr F. N Nwosu, told the court that they resolved to submit themselves and canvass their grievances before the national reconciliation committee that was constituted by the party. Though counsel to both the party and its chairman did not oppose the application for withdrawal of the suit, however, they insisted that contrary to request by the plaintiffs that the case be struck out, they said the appropriate order the court ought to make in the circumstance was to dismiss the matter in its entirety. In a short ruling, Justice Belgore, maintained that in view of the fact that the plaintiffs filed their motion for discountenance under Order 27 rule 3 of the FCT high court rules, the court had no choice than to strike out the originating summons, adding, “no judge will insist that a plaintiff must continue with a suit against a named defendant, that will fall against common sense.” The judge noted that he had earlier enjoined the warring parties to pursue an amicable settlement of their dispute out of court, “It is in the interest of all concerned, at least, on the part of this court, it will help to decongest the docket and allow the court to concentrate on other matters. “Therefore, this suit is struck out and the effect of the earlier order restraining the 1st defendant from holding its convention loses its potency. That order is hereby discharged as it crumbles with the striking out of this case. “Consequently, the order restraining the defendant and its agents or any group of persons acting on its behalf, from convoking, convening or holding any convention, special or ordinary, for the purpose of electing its national officers for any office, is hereby vacated,” the judge ruled.