The Federal High Court sitting in Abuja yesterday reserved judgment in a suit filed by an aspirant to the House of Representatives from Adamawa state, Aliyu Abubakar Gurin seeking to unseat the national chairman of the Peoples Democratic Party PDP, Adamu Mu’azu and at the same time the planed delegates’ convention of the party.
Joined as first to fourth defendants in the case are the PDP, Bamanga Tukur, Mu’azu and the Independent National Electoral Commission (INEC).
At the resumed hearing yesterday, counsel to the plaintiff, Rotimi Oguneso argued that the resignation of the immediate past Chairman of the party, Alhaji Bamanga Tukur, did not comply with the provision of Section 47(5) of the constitution of the party which stipulates that a 30 days’ notice be given to the National Executive Committee by Bamanga Tukur.
He therefore, prayed the court to set aside the appointment of Mu’azu.
The second plaintiff in the matter, Tukur through his counsel, Rotimi Oguneso filed a counter claim supporting all the claims of the plaintiff.
In his counter claim, Tukur argued that he was forced to resign his post as the national chairman of the party in order for the seven defected governors to come back to the party.
Tukur further stated that the NEC of the party has no power to appoint the national chairman.
He said the letter of resignation he submitted on January 15 did not comply with Section 47(5) of the party’s constitution which requires that a 30 days prior notice should be given.
Opposing the application, counsel to PDP and Mu’azu, Solomon Umor SAN asked the court to dismiss the suit on ground that the plaintiff lacks the right to institute such suit.
He argued that the subject matter is an internal affair of the party, which the court lacked jurisdiction to entertain.
The fourth respondent in the suit, INEC did not file any application, but submitted that it will be neutral.
After listening to all the parties, the trial judge, Justice Evoh Chukwu reserved judgment.