Alleged Suspension Plan: Court fixes date for judgement on Rivers governor-elect’s suit against PDP⁰
The Federal High Court (FHC), Abuja, on Friday, fixed 20 April for judgement on a suit filed by the Rivers State governor-elect, Siminlalayi Fubara, and his deputy, Ngozi Odu, to stop an alleged plan by their party, the Peoples Democratic Party (PDP), to suspend them.
The judge, Inyang Ekwo, fixed the judgment day after Mr Fubara’s counsel, Joshua Musa, and Johnson Usman, who represented the PDP and its executives, adopted their processes and presented their arguments for and against the suit.
Mr Ekwo similarly fixed 20 April for judgment in a suit filed by the Cross River PDP governorship candidate, Sandy Onor, and his running mate, Ambrose Emana, against the party and its executives over their alleged planned suspension from the party.
In a related development, the judge fixed the same date for a ruling on a motion moved by Mr Musa, seeking an order to amend their suit in another suit filed by the Rivers PDP Chairman, Desmond Akawo, against the party, its National Chairman, Iyorchia Ayu, and the Independent National Electoral Commission (INEC) which was opposed by Mr Usman.
At the resumed hearing on Friday, Mr Usman informed the court that the PDP wrote a letter to the Chief Judge (CJ) of FHC, John Tsoho, asking that the case be reassigned to another judge.
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The senior lawyer said Mr Ekwo was copied in the letter.
He said the letter dated 14 March was received by the Chief Judge on 15 March.
NAN reports that the PDP letter urged the chief judge to transfer all three cases currently before Mr Ekwo to other judges.
The party cited loss of confidence and bias as grounds for the application.
But Mr Musa opposed the application, saying he was unaware of such a letter.
He argued that such an administrative letter cannot serve as a stay of proceeding since no response had been received from the CJ regarding the letter.
The judge, who said he had not seen the letter, said he got to know about the development through social media.
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Mr Ekwo, however, directed the parties to proceed in the matter since he has not received any communication in that regard.
And after the counsel adopted their processes, the judge adjourned the first two cases for judgment and fixed Mr Akawo’s suit for ruling.
The News Agency of Nigeria (NAN) reports that Messrs Fubara, Onor, Akawo and others had filed three separate suits against the PDP and
In the suit marked: FHC/ABJ/CS/123/2023, which was filed by Messrs Fubara, Odu, and 48 others, the plaintiffs listed PDP, its National Working Committee (NWC) and National Executive Committee (NEC) as 1st to 3rd respondents respectively.
Also joined in the suit are the PDP National Chairman, Iyorchia Ayu; National Secretary, Samuel Anyanwu and the Independent National Electoral Commission (INEC) as 4th to 6th respondents respectively.
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The 50 plaintiffs sought an order of injunction restraining the 1st to 5th defendants from suspending, expelling or in any manner doing any act that would tamper with their fundamental rights.
They said these rights were guaranteed under Section 40 of the 1999 Constitution (as amended) and Articles 10 and 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP. AQ, Laws of the Federation, 2004.
They also sought an order of injunction restraining INEC from according any recognition to any suspension or expulsion or any other act(s) of the 1st to 5th respondents designed to violate their fundamental rights.
They prayed the court to declare that the threat to suspend, expel or tamper with their rights as members of PDP and its candidates at the general elections on account of the disagreement between the party’s national executives and Governor Nyesom Wike of Rivers State where they hail from amounted to a denial of their rights.
Also in their originating motion marked: FHC/ABJ/CS/215/2023, Messrs Onor and Emana sued the PDP and the five respondents.
They equally sought the same prayers as Mr Fubara and his deputy-elect.
They urged the court to declare that the threat to suspend, expel or tamper with their rights as members of the party and its candidates in the March 18 general elections on account of the disagreement between the party’s executives and Governor Wike who was perceived to have a relationship with them amounted to a denial of their rights.
The PDP and its executives, in a notice of preliminary objection filed by their lawyer, Mr Usman, urged the court to dismiss the two suits for being incurably defective and fatally incompetent.
Giving five grounds, Mr Usman argued that the suits were incurably incompetent and ought to be struck out, in that the suit was not justiciable.
The senior lawyer said the suits constituted an abuse of the court process as the matter dealt with the internal and domestic matters of a political party.
He said the court lacked the jurisdiction to entertain, hear and determine the matter being an intra-party matter dealing with the membership of a political party.
Mr Usman argued that the 3rd and 4th respondents (the NEC and Ayu) were non-juristic persons.
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