Justice Evoh Chukwu of the Federal High Court, Abuja yesterday ordered the service of a motion seeking to stop the planned national convention of the People’s Democratic Party (PDP) on the party’s leadership.
The judge made the order while ruling on an ex-parte application argued by a lawyer, Mrs. Lilian Ojimma.
She had sought an order to restrain the PDP and its National Chairman, Adamu Mu’azu, from proceeding to hold the party’s convention and for parties to maintain status quo pending the determination of the substantive suit by her client.
She argued that it was unjust for the PDP to proceed with its congress when her client, Aliyu Ayoba Gubrin, a member of the party and House of Representatives aspirant from Adamawa State, was challenging Mu’azu’s appointment as the PDP Chairman and his right to preside at the congress.
Justice Chukwu refused to grant the prayers ex-parte, but instead ordered the applicant to covert her application to a motion on notice and serve the defendants to enable them respond.
He adjourned to November 20 for the hearing of the motion.
Gubrin is, in the substantive suit, seeking, among others, an order sacking Mu’azu.
He argued that Mu’azu cannot legitimately preside over the affairs of the PDP because the process leading to his emergence as the National Chairman violated the party’s constitution.
In the suit marked: FHC/ABJ/CS/821/2014, Gubrin equally faulted the process leading to the resignation of Mu’azu’s predecessor, Bamanga Tukur.
Named as defendants in the suit include the PDP, Tukur, Mu’azu and the Independent National Electoral Commission (INEC).
Gubrin, who wants the court to void Mu’azu’s appointment, equally seeks an order to restrain Mu’azu from further parading himself as the party Chairman.
He wants the court to determine whether or not Tukur’s resignation on January 15 complied with Section 47(5) of the constitution of the party.
The plaintiff also asked the court to declare that Tukur’s resignation is invalid as it did not comply with the constitution of the party and the Electoral Act 2010.
He is equally praying the court for an order setting aside the resignation of Tukur as the party Chairman.
Gubrin also wants an other restraining INEC from recognizing Mu’azu as the Chairman of the party.
Hearing in the main suit has been fixed for December 20.
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