An FCT High Court, Jabi on Monday threw out a case filed by
some aggrieved members of the Peoples Democratic Party (PDP) in Rivers, seeking
leadership positions as Ward officers within the party.
The claimants, Osaro Nwakaji and 14 others dragged PDP
before the court alleging that having made requisite payments for nomination
forms, they were entitled to be issued forms for elective positions, but were
however, excluded from participating in the Ward Congress that took place in
February.
Delivering a ruling, Justice Charles Agbaza, held that the
court lacked jurisdiction to entertain the matter.
Agbaza said that the defence counsel, C.P Aninwoya in his
submissions had argued that the claimants had filed, refiled and withdrew same
suit before another court in the FCT, which was an abuse of court process.
The judge said he aligned with the counsel’s argument and
found that filing same suit before another court was an abuse of court process
and resolved the matter in favour of the defendant.
Agbaza further held that another argument raised by defence
in its Preliminary Objection was that the court lacked jurisdiction to hear and
determine the suit.
He said because the cause of action arose in Rivers, where
the claimants were excluded from the congress that took place, he said a suit
ought to have been instituted there.
According to Agbaza, courts had been recently directed by
the CJ to transfer cases back to jurisdictions where cause of action arose.
He further reiterated that the court found that the suit was
a case of forum shopping which the Apex court had condemned in strong term and
that its lacked jurisdiction to entertain the matter as doing otherwise would
amount to ”judicial rascality”.
The judge also added that the matter was an internal affair
of a political party which ought to be settled as such by the parties exploring
the use of internal mechanism to resolve same.
He equally declined to delve further to address the
Originating Summon and the second Preliminary Objection as raised by the
defence, which still bordered on lack of jurisdiction, having determined that
the suit was incompetent.
According to him, ” doing so will amount to academic
exercise which the court. does not have the luxury to entertain ”
” This suit is hereby struck out and parties are to bear
their cost” Agbaza concluded.
The defence on its part said they were excluded from
participating because they were not registered members of the party.
The claimants therefore approached the court to seek for a
declaration that they were entitled to participate in the Ward Congresses which
held in Feb. and also be part of the Local Government and State Congresses.
They further sought for a declaration that their exclusion
from participating in the Congress was unconstitutional, null, void and of no
effect whatsoever.
In addition, the claimants prayed for an order of court for
a perpetual order of injunction restraining the defendant from conducting any
wards, Local Government Areas or State Congresses or further Congresses in its
Rivers chapter.
In the relief sought also, the claimants prayed for a
perpetual order of injunction restraining the defendant from recognising or
accepting any results of any purported Ward Congress held in 2020.
Joined as claimants in the suit were Daniel Esiowere, Agbovu
ThankGod, Lambert Isaac, Akwini Dandi, Okere Ibekwem, Chinese Jacob, Nwiko
Kpuginuaeebu.
Others are Dandi Enyi, Baribeela Gbarabe, Ngozi Enyi, Prince
Oyebulu, Kpai Kabari, Omubo Tolofari and Ibiwere Green.
It would be recalled that the Chief Judge of the FCT High
Court, Justice Ishaq Bello, on June 19 barred judges of the court from issuing
ex-parte orders to stop any election.
Justice Bello warned that disciplinary action would be
initiated against any judge that violates the New Practice Direction that would
operate in all high courts within the jurisdiction of the FCT.
(Today,ng)
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