ABUJA – An Abuja Federal High Court on Tuesday dismissed a suit seeking to sack Alhaji Adamu Mu’azu, the National Chairman of the People’s Democratic Party (PDP).
The News Agency of Nigeria (NAN) recalls that a PDP Chieftain, Alhaji Aliyu Gurin, had in suit number FHC/ABJ/CS/821/2014, urged the court to remove Mu’azu and reinstate Bamanga Tukur.
Joined as co-defendants in the suit are Tukur, who later filed an affidavit seeking to return to his former office, Mu’azu, PDP and the Independent National Electoral Commission (INEC).
Tukur, thus, later became a co-plaintiff with Gurin in the suit.
Delivering judgment, Justice Evoh Chukwu, held that Gurin suffered no injury by Tukur’s resignation and dismissed the suit forthwith, saying it was “hypothetical and academic.
“I hold that the plaintiff has disclosed no specific interest or injury over and above other party members, lacked locus standi to institute the action and the suit is hereby dismissed in its entirety.’’
Justice Chukwu further held that Tukur’s counter-affidavit seeking to return to office as PDP national chairman in Gurin’s suit was in breach of the rules of the court.
“The counter-affidavit is a violent abuse of court process and is dismissed in its entirety.
“The plaintiff is to pay damages of N100,000 each to the first, second and third defendants,’’ Chukwu ordered.’’
Gurin had contended in the suit that Tukur’s resignation did not comply with the provisions of Section 47(5) of the PDP constitution.
It stipulates that he gives a 30-day notice to the National Executive Committee.
He had prayed the court for an order of interlocutory injunction restraining PDP from holding its national convention slated for Dec. 10 and Dec. 11 under Mu’azu’s chairmanship, pending the determination of the suit.
His counsel, Rotimi Ogunesan (SAN), had, therefore, urged the court to give an order restraining Mu’azu from acting as the national chairman of the PDP, pending the final determination of the suit.
Mr Adamson Adeboro, Tukur’s counsel had while adopting his client’s counter-claim, urged the court to restrain PDP and INEC from further recognising Mu’azu as PDP National chairman.
He also prayed for a court order to set aside Tukur’s purported resignation letter, dated Jan. 15, and reinstate him as the substantive and duly elected PDP National Chairman until his term ends in 2016.
Tukur further sought an order allowing him to preside over the party’s National Convention slated for Dec. 10 and 11.
He said that the decision to relinquish his office as PDP chairman was to facilitate the return of the five governors of the party who defected to APC but were yet to return 10 months after.
Mr Solomon Umoh (SAN), PDP counsel, prayed the court to dismiss the suit on the ground that it was an abuse of court process.
He said that Tukur “walked out’’ of the party midway and the Deputy National Chairman took over.
Umoh said that it was under the watch of the party’s Deputy National Chairman that Mu’azu was appointed acting National Chairman.
He urged the court to hold that it lacked jurisdiction to entertain the case which he said was an internal affair of the party. (NAN)