The Peoples Democratic Party (PDP) is in the news again, for the wrong reasons.
Some members of the party have asked a High Court of the Federal Capital Territory (FCT) to strike out the name of the National Working Committee (NWC) of the party from the suit they filed to challenge the tenure of office of the party chairman, Senator Ali Modu Sheriff.
The PDP members, Nwosu Emmanuel and Eze Chuks Silas, in the suit are challenging the emergence of Sherriff and the elongation of his tenure of office.
They are also asking the court to compel the party to computerise party membership register.
They are also seeking an order of the court to stop the National Convention of the party.
The plaintiffs are, however, going ahead with the case against the party and its chairman, who are 1st and 2nd defendants in the suit.
During the proceedings of the court on Tuesday, Justice Albert Ebong fixed April 12, 2016 to rule on the motion to discontinue the case against the 33d defendant (NWC) in the matter.
Counsel to the plaintiffs in the matter, Abel Ozioko, had argued that the NWC is a non-juristic peron that cannot sue or be sued.
He also argued that since non of the defendants has filed their defence against the suit, the plaintiffs are still within time to effect any procedural error in the case.
“We decided to discontinue the case so as to save the time of the court. There is no issue as to the legal personalities of the PDP and its chairman who are first and second defendants in this matter”, Ozioko said.
Counsel to the NWC, Mr. Ade Okeaya-Inneh, (SAN), in his response to the motion, asked the court to refuse the motion on the ground that issues have already been joined in the matter.
“We have joined issues in the matter by challenging the jurisdiction. Of this court to hear this matter. We urge the court to dismiss the entire matter.
Chief Godwin Obla (SAN), counsel to PDP chairman, on his part argued that the withdrawal is deliberately contrived to enable the plaintiff escape the issue of jurisdiction that is being challenged.
He told the court that the plaintiffs cannot discontinue their case against the NWC without seeking the leave of the court.
