A Hight Court in Ibadan has adjourned until Dec. 8, ruling in an application challenging its jurisdiction in a suit filed by a member of the Peoples Democratic Party (PDP) over the party’s National Convention.
The convention is scheduled to take place on Saturday and Sunday in Ibadan.
Mr Folahan Adelabi had instituted the suit against PDP as first respondent,PDP Acting National Chairman,Umar Damagun as second respondent, Gov.Umar Fintiri of Adamawa State, who is the Chairman PDP National Convention Organising Committee as third respondent.
Freedomonline reports that the Independent National Electoral Commission (INEC) is the fourth respondent in the suit.
At the Friday proceeding, the INEC counsel, O. Adeyemi moved and adopted his notice of preliminary objection challenging the jurisdiction of the court and urged the court to strike out the suit.
He said the court lacked the powers to prevent INEC, from carrying out its duty as prescribed by sections of the Electoral Act and the 1999 Constitution as amended.
Adeyemi said that only the Federal High Court has the power to entertain the suit and not the State High Court, adding that all the claimant’s reliefs border on the PDP convention and not on enforcement of fundamental human right.
“By Section 251 of the 1999 Constitution only the Federal High Court and not other Court has jurisdiction over the subject matter,” he said.
He prayed the court to uphold his preliminary objection and strike out the suit of the claimant.
The Counsel to first and second respondents, PDP and Damagun, Mr D.Durosaro informed the court that he didn’t filed a counter response to the preliminary objection.
The Counsel to Fintiri, third respondent, Mr Fredrick Ladopo also told the court that he didn’t filed a response to the preliminary objection.
In his counter argument,the claimant’s Counsel,Mr Musibau Adetumbi SAN, while opposing the preliminary objection,urged the court to dismiss it.
Adetumbi said that the claimant approached the court for the enforcement of his fundamental human right under Section 40 of Nigeria Constitution to protect his interest with regard to the conduct of the PDP National Convention.
He said the claimant has the right to institute the suit at the Oyo State High Court and the court has jurisdiction to entertain the matter,adding that there was not need for the court to vacate it earlier order.
Adetumbi further said that the preliminary objection of INEC was defective and urged the court to dismiss it.
Justice Ladiran Akintola after listening to the arguments of both parties adjourned the suit until Dec.8 for ruling.
The judge will also hear an applications of joinder filed parties seeking to be joined as fifth, sixth and seventh respondehts brought by Mr Emmanuel Ukala SAN.
Akintola further said that the earlier order restraining the respondents from trauncating the schedule PDP National Convention slated for Nov.15 and 16 in Ibadan was still in operation.
It would be recalled that the claimant in his earlier ex-parte motion had prayed the court to restrained the respondents from traucating the scheduled PDP national convention slated for Nov.15 and 16 in Ibadan.
Akintola had on Nov.4 granted the ex-parte motion of the claimant and restrained the respondents from trauncating the PDP convention.
The court at that time also directed PDP leadership to adhere to the guidelines, timetable and schedule of activities earlier released for the convention in Ibadan and directed parties to file all their processes in the matter.
