PDP OFFSPRING! *Court Reserves Judgment *Strikes Out Nwoye’s Suit Abuja (NN1)-----There seems to be no end to the crisis rocking the People’s Democratic Party (PDP) as the Abubakar Baraje faction of the party on Monday told the Federal High Court sitting in Abuja, Nigeria’s capital that it conducted the authentic mini national convention of the party. This is as the Bamanga Tukur’s faction also told the court that the legal mini national convention of the party was held in Eagle Square and not Yar’Adua Center in Abuja as claimed by the Baraje faction. The court had however reserved judgment in the suit as the court presided over by Justice Elvis Chukwu said he would get across to the party when the judgment date is fixed. The Tukur faction had approached the court seeking an order stopping the Baraje faction from parading themselves as the national working officers of the party. At the resumed hearing on Monday afternoon, counsel to the Baraje faction, Ahmed RajI SAN and Robert Clarke SAN had brought a preliminary objection as to the competence of the court to entertain the suit. They had argued that issues before the court is an internal affairs of the party and hence the court did not have jurisdiction to hear it. They further argued that with inclusion of parties name and the office held makes them a non juristic persons and to that effect, the suit before the court was improper and incompetent. Similarly, counsel to Oyinlola,E.R Enepkuruo, equally urged the court to dismiss the suit, stressing that it amounted to abuse of court process. They prayed the court to dismiss the suit in its entirety. Counsel to Tukur’s faction, Tochukwu Onwugbufor SAN had in his response argued that the plaintiffs were in court seeking the interpretation of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Electoral Act and the PDP constitution as regards some issues raised. He further submitted, that Section 251 of the Constitution had provided that the Federal High Court has jurisdiction to hear any matter on any issue as regards a Federal Government or any of its agencies. He added that with the Independent National Electoral Commission INEC, being a party to the suit, it has vested jurisdiction of the court to entertain the matter. Arguing his Originating Summons, Onwugbuifo submitted that no member of the Baraje faction was duly elected at the mini national convention of the party held at Eagle Square in Abuja. He added that going by the constitution of the PDP, the legal and authentic convention with the accredited delegates was held at the Eagle square where the national officers of the party were elected. He emphasized that the legal convention took place at the Eagle square and not at the Yar’Adua centre. He however urged the court discountenance the arguments of the respondents and uphold that the Baraje faction consist the authentic national working officers of the party. While praying the court to strike the entire suit brought by the plaintiffs, Raji argued that the process filed by the plaintiffs is irregular and it has the tendency of over burden the court. He added that the facts presented by the plaintiffs does not support any of the reliefs sought by them. He further submitted that the proper delegates to the convention were the one who had their election at the Yar’Adua center in Abuja adding that the authentic delegates were not allowed access to Eagle square and hence there any one who emerges from the Eagle square convention could not have been an authentic one. He urged the court not to dabble into the matter since it is a domestic affairs of the party. Clarke in his submission aligned with the submissions of Raji but however added that the plaintiffs had departed from the issues they formulated and that going by a Supreme Court judgement in a plethora of cases, such suit should be dismissed. After listening to arguments of all parties in the suit, the presiding judge, Justice Elvis. Chukwu said he would get across to them when the judgement date is fixed. Meanwhile, the Federal High Court sitting in Abuja has struck out the suit filed by the gubernatorial candidate of the PDP in Anambra state, South East, Tony Nwoye. Nwoye had dragged INEC and PDP to court seeking an order compelling the electoral body to recognize him as the standard bearer of the party. The striking out was sequel to a notice of discontinuance filed by Nwoye counsel, Alex Akoja praying the court for an order of discontinuance. Akoja had premised his application on the ground that an appeal had been filed before a Court of Appeal, Port Harcourt Division challenging the order of the court which disqualified Nwoye and upheld another aspirant, Nicholas Ukachukwu. Both counsel to PDP and INEC did not oppose the application for discontinuance. The presiding judge, Justice Chukwu consequently struck out the suit from the cause list.
Posted on: Tue, 01 Oct 2013 18:50:21 +0000
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