Justice Evoh Chukwu of the Federal High Court in Abuja has dismissed a suit praying the court to remove Alhaji Adamu Mu’azu as the National Chairman of the Peoples Democratic Party (PDP).

The suit marked FHC/ ABJ/CS/2014 was instituted by a member of the PDP in Adamawa State, Aliyu Gurin, and sought reinstatement of former national chairman of the PDP, Alhaji Bamanga Tukur to the office from which he resigned over 10 months ago.

Defendants in the suit are the PDP, Alhaji Bamangar Tukur, Adamu Muazu and the Independent National Electoral Commission (INEC).

Tukur, had filed a counter-claim, seeking the same set of main prayers like the plaintiff.

Delivering judgment in the matter, however, Justice Chukwu dismissed both the main suit and Tukur’s counter-claim, describing them as constituting an abuse of court process.

Justice Chukwu upheld a preliminary objection by the PDP which submitted that the court should decline Tukur’s request to return to office as the party’s national chairman.

“The court has the jurisdiction to determine whether the act of a political party was in consonance with its own constitution. Therefore, for all intent and purposes, this court is competent to entertain this suit,” Justice Chukwu held.

The court was of the view that the plaintiff, Gurin, lacked locus standi to file the suit.

Moreso, the court posited that Tukur’s counter-claim which he filed as defendant in support of the plaintiff’s case was strange and unknown to law, just as the court described it as “a violent abuse of judicial process.”

“I hold that the counter-claim being a gross and violent abuse of court process is hereby dismissed in its entirety,” the court held.

“Mere assertion that an action is an internal affair of a political party does not rob the court of its jurisdiction. When a member questions or raises an issue that in the conduct of its affairs a party violated its constitution, it is no longer within the realm of an internal affair of a political party.

According to Justice Chukwu, Tukur resigned honourably from office, and a committee presided over by the current National Vice Chairman of the PDP met and nominated Alhaji Adamu Mu’azu, who is from his geopolitical zone, to take his place pending the conduct of a national convention of the party scheduled for December 10.

The judge insisted that the plaintiff being an aspirant to the House of Representatives failed to show his intention to vie for the chairmanship position of the PDP.

“There is no interest which the plaintiff seeks to protect over and above any other member of the party. The complaint of the plaintiff of non-compliance goes to no issue.

“I hold that the plaintiff has not shown locus standi to institute this suit and it is accordingly dismissed.”

The court ordered the plaintiff to pay the sum of N100, 000 each to the PDP, Mu’Azu and INEC.

Recall that counsel to the plaintiff, Rotimi Oguneso, had argued that the resignation of the immediate past Chairman of the party, Alhaji Bamanga Tukur, did not comply with the provision of Section 47(5) of the constitution of the party which stipulates that a 30-day notice be given to the National Executive Committee by Tukur.

The plaintiff posited that what gave him locus to file the suit is because he is a member of the party.

More so, Oguneso argued that the appointment of Mu’azu as the PDP national chairman did not follow stipulated procedure of the party’s constitution.

He, therefore, urged the court to set aside the appointment of Mu’azu as PDP national chairman of PDP.

Opposing the application, counsel to the PDP and Mu’azu, Solomon Umor (SAN), prayed the court to dismiss the suit on ground that the plaintiff lacks locus to file the suit.

Umoh stated that the plaintiff in the suit did not show how he was injured or would suffer for which reason the suit was filed.

More so, he held that the counter claim filed by Tukur is strange to law and cannot be accepted by court.

He told the court that the subject matter is an internal affair of the party which the court lacked jurisdiction to hear.

According to Umoh, the plaintiff has not pursued or exhausted the internal dispute mechanism of the PDP before coming to court.

He, therefore, urged the court to dismiss the suit in its entirety.

The fourth respondent in the suit, the INEC did not file any application but submitted that it will be neutral.

In the suit, the plaintiff had prayed for “a declaration that the purported resignation of Tukur is null and void, being in contravention of Section 47(5) of the PDP constitution as amended.

“A declaration that the appointment of Adamu Muazu by the NEC of PDP is null and void, being inconsistent with Section 45(1) and (2) of the PDP constitution as amended.

“An order of the court setting aside the purported appointment of Muazu by the PDP NEC and also restraining Muazu from further parading himself and or addressing himself or being paraded or addressed as the national chairman of the PDP forthwith.

“An order of the court setting aside the purported resignation letter of Tukur dated 15th January, 2014 and reinstating him as the substantive and duly elected national chairman of the PDP at its national convention in 2012 until the completion of his term in 2015.

“An order of the court restraining specifically the PDP and INEC from further recognising, permitting or allowing Muazu to preside over any of the affairs of the PDP.

•Credit: Newswatch Times. Photo shows Bamanga Tukur.

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