Justice Oyekan Abdullahi of the Lagos High Court has removed Dr Adedeji Doherty as the Chairman of the Lagos State chapter of the Peoples Democratic Party (PDP).
In his judgement, Dr Dominic Adegbola was reinstated as the chairman.
Justice Abdullahi, while delivering judgement in suit No: LD/3600/GCM/2019 DR DOMINIC ADEGBOLA & ORS. V. PEOPLE’S DEMOCRATIC PARTY & ORS. filed by Adegbola, said the judgement was delivered in favour of the Claimants.
The Court said it considered the Preliminary Objection filed by the 1st -6th Defendants and dismissed them for lack of merit.
“Consequently, the Court considered the merit of the case canvassed by all the parties. The Court held that the positions sought to be filled at the special election were not vacant. Also, the Court held that the argument that the 1st Claimant, Dominic held the office of the State Chairman of PDP for 90 days has no place in the Constitution of PDP.
“The Court further held that the 1st Claimant was duly appointed to serve out the term of his predecessor who resigned.
“The Court stated that the Claimant’s failure to utilize internal dispute mechanism is not accidental as the Defendants frustrated same. The Court relied on the attempt made by the 1st Claimant when he wrote a letter to the National Chairman of the party and the letter was rejected. This fact was not contradicted by the Defendants”.
The Court said it further held that “all the conditions precedent to conduct election into the party’s offices were not followed and that the NWC of the party had no power to conduct state and local government congresses. Also, the special congress must fail as there was no guideline from the NEC of the party.
“Furthermore, the Court held that no notice of the special congress was forwarded to INEC as required by the Electoral Act.
“In sum, the case of the Claimants succeeds completely. The special congress held on 13th November, 2019, was set aside and there were no vacancies in the first place.
“In addition, the Court further held that the Defendants’ act of conducting the special congress despite a subsisting order of the Court prohibiting same is contemptuous.
Below is the judgement:
22nd June, 2021
RE: SUIT NO. LD/3600/GCM/2019
DR. DOMINIC ADEGBOLA & ORS. V. PEOPLES DEMOCRATIC PARTY & ORS. – SYNOPSIS OF JUDGMENT
The above captioned suit came up today 22nd June, 2021, for judgment at the Lagos High Court, before Her Lordship, Honourable Justice Oyekan Abdulahi.
Judgment was delivered in favour of the Claimants. Prior to the judgment on the substantive claim before the Honourable Court, the Court considered the Preliminary Objection filed by the 1st -6th Defendants. The grounds of the objection are as follows:
1. That the disputed special election conducted by the 1st Defendant (PDP) is an internal party affairs and the Court lacked the jurisdiction to determine same;
2. That the Claimants ought to have obtained the permission of the Court before proceeding to file the case and serve out of Lagos State;
3. That the originating process was not properly endorsed for service outside Lagos State; and
4. That the case is a pre-election matter and ought to have been decided within 180 days.
In a well-considered Ruling, the Honourable Court dismissed the preliminary objections for lacking merits. Please find below the ratio of the Honorable Court on each grounds:
Ground 1
The Court stated that where a political party violates its constitution or the dispute is with regards to observance or violation of the constitution of the party, the court will always intervene. The Court further held that the dispute in this suit is with respect to an alleged breach of the PDP constitution, the Constitution of the Federal Republic of Nigeria and the Electoral Act. Thus, the Court has jurisdiction to determine the case.
Ground 2
The Court held that there is no provision of the Rules of the High Court of Lagos State or Sheriff and Civil Processes Act that requires a party to obtain permission of the Court before commencing a case it intends to serve out of jurisdiction. The ground also failed.
Ground 3.
The Court held that the originating process was properly endorsed for service out of Lagos State and in Abuja. Thus, the ground is without merit and must fail.
Ground 4
This ground of objection also failed. The Court held that dispute as regards the conduct of congress into offices of the party is not a pre-election matter contemplated by the constitution.
Consequently, the Court considered the merit of the case canvassed by all the parties. The Court held that the positions sought to be filled at the special election were not vacant. Also, the Court held that the argument that the 1st Claimant, Dr. Dominic held the office of the State Chairman of PDP for 90 days has no place in the Constitution of PDP.
The Court further held that the 1st Claimant was duly appointed to serve out the term of his predecessor who resigned.
The Court Stated that the Claimant’s failure to utilize internal dispute mechanism is not accidental as the Defendants frustrated same. The Court relied on the attempt made by the 1st Claimant when he wrote a letter to the National Chairman of the party and the letter was rejected. This fact was not contradicted by the Defendants.
The Court further held that all the conditions precedent to conduct election into the party’s offices were not followed and that the NWC of the party had no power to conduct state and local government congresses. Also, the special congress must fail as there was no guideline from the NEC of the party.
Furthermore, the Court held that no notice of the special congress was forwarded to INEC as required by the Electoral Act.
In sum, the case of the Claimants succeeds completely. The special congress held on 13th November, 2019, was set aside and there were no vacancies in the first place.
In addition, the Court further held that the Defendants’ act of conducting the special congress despite a subsisting order of the Court prohibiting same is contemptuous. However, the Court stated that it would not hesitate to use its big stick of punishment against the Defendants if they again fail to obey the judgement herein.
