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| Mu'azu, L: Tukur, R |
The Federal High Court, Abuja Division, Tuesday refused a bid by immediate past National Chairman of the People’s Democratic Party (PDP), Alhaji Bamanga Tukur, to reclaim his seat as the party’s helmsman.
The trial judge, Justice Evoh Chukwu, equally dismissed the suit instituted by an aspirant to the House of Representatives from Adamawa State, Aliyu Buba Gurin seeking to oust the National Chairman of the PDP, Alhaji Adamu Mu’azu.
Gurin had asked the court to remove Mu’azu and to stop him from presiding over the forthcoming convention of the PDP.
But delivering judgment in the suit, the trial judge, Justice Evoh Chukwu held that the court lacked the requisite jurisdiction to entertain the matter as the suit in question sought the court’s interpretation of some sections of the constitution.
He held that when it appears that a political party has breached its internal provisions, the court can be invited to determine the level of complicity.
He added that the plaintiff did not demonstrate any specific interest as to how the appointment of Mu’azu affected him since he did not have the intention of contesting for the post.
“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.’’
Dismissing Tukur’s counter claim, the court held that such application is strange to the nation’s jurisprudence and hence should not be allowed to stand.
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, which 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.
Following the court’s judgment, the dissatisfied Tukur has however said that he would test the correctness or otherwise of the court’s decision at the Court of Appeal.
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)
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PDP: Mu'azu Survives As Court Rejects Tukur’s Bid To Return As PDP’s Chairman
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Mu'azu, L: Tukur, R
The
Federal High Court, Abuja Division, Tuesday refused a bid by immediate
past National Chairman of the People’s Democratic Party (PDP), Alhaji
Bamanga Tukur, to reclaim his seat as the party’s helmsman.
The
trial judge, Justice Evoh Chukwu, equally dismissed the suit instituted
by an aspirant to the House of Representatives from Adamawa State,
Aliyu Buba Gurin seeking to oust the National Chairman of the PDP,
Alhaji Adamu Mu’azu.
Gurin had asked the court to remove Mu’azu and to stop him from presiding over the forthcoming convention of the PDP.
But
delivering judgment in the suit, the trial judge, Justice Evoh Chukwu
held that the court lacked the requisite jurisdiction to entertain the
matter as the suit in question sought the court’s interpretation of some
sections of the constitution.
He
held that when it appears that a political party has breached its
internal provisions, the court can be invited to determine the level of
complicity.
He
added that the plaintiff did not demonstrate any specific interest as
to how the appointment of Mu’azu affected him since he did not have the
intention of contesting for the post.
“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.’’
Dismissing
Tukur’s counter claim, the court held that such application is strange
to the nation’s jurisprudence and hence should not be allowed to stand.
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, which
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.
Following
the court’s judgment, the dissatisfied Tukur has however said that he
would test the correctness or otherwise of the court’s decision at the
Court of Appeal.
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.
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)
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