Court dismisses case against CPC, National Convention holds on Saturday

A Federal High Court sitting in Abuja, presided over by Justice A.F.A. Ademola, has dismissed the case filed by some former senators and House of Representatives members from Katsina State against the Congress for Progressive Change seeking to nullify the National Convention of the party held in Eagle Square, Abuja in January 2011 during which the present national officers were elected.
In Suit No.FHC/ABJ/CS/ 302/2012, Hon. Mohammed Tukur Sada, Hon. Amiru Ashiru, Hon. Murtala Isah, Hon. Umar Dankama Abdu, Hon. Umar Adam Katsayal, Alhaji Ahmed Zago Haruna, Dr. Yushau Armayau and Alhaj Shehu Ningi Barau as plaintiffs, sued the CPC, Prince Tony Momoh, Alhaji Sule Hamma, Engineer Buba Galadima and the Independent National Electoral Commission, seeking the following reliefs:
1. An Order of this Honourable Court that the National Convention of the 1st Defendant held at Abuja between 4th to 6th January, 2011 contrary to Article 27 (i) (j) and (k) and Article 27 (c) (i) of the Constitution of the 1st Defendant is null and void and no effect (sic).
2. An Order that the 2nd, 3rd and 4th Defendants elected at the 1st Defendants€™s National Convention held at Abuja between 4th to 6th January, 2011, were not validly elected and their said election be declared null and void.
3. An Order that the 2nd and 4th Defendants be restrained from functioning and parading themselves as the National Chairman and National Secretary of the 1st Defendant respectively.
However, the 1st-4th defendants, through their counsel, Chief Okoi Obono-Obla, took an objection to the jurisdiction of the Court to hear and determine the case.
The grounds for the objection were:
1. Whether this Honourable Court has the jurisdiction to hear and entertain Reliefs Nos. 1, 2 and 3 in the Originating Summons sought by the Plaintiffs in view of the provisions of Section 251 (1) (p) (q) and (r) of the Constitution of the Federal Republic of Nigeria (1999) (as amended)?
2. Whether an action founded on a letter by 5th Defendant on the 11th of January, 2011, is maintainable in view of the provisions of Section 2 (1) (a) of the Public Officers Protection Act, 2004?
3. Whether the Plaintiffs complied with the internal conflict Resolution mechanism inherent in Article 18 (32) of the Constitution of the 1st Defendant, as amended, before instituting this action, and if the answer is in the negative, whether this Court has the jurisdiction to hear and entertain this action?
4. Whether the Plaintiffs in general and the 7th and 8th Plaintiffs in particular have the locus standi to institute this action?
5. Whether the Plaintiffs have joined all the necessary parties to this action to enable this Court make an effective and effectual determination of all the issues in controversy in this case?
In the judgment delivered on Wednesday, Justice Ademola sustained the objection filed by the 1st-4th defendants and held that from the totality of the evidence before the court and the reliefs sought by the plaintiffs in their originating summons, the plaintiffs woefully failed to show that they have locus standi to file the case.
The court held that the plaintiffs have not shown that they had candidates in the election to elect members of the National Executive Committee in the said National Convention.
The court further held that the suit was statute bared because the letter written by the Independent National Electoral Commission, dated January 11, 2011, on which the plaintiffs premised their case, established that the cause of action arose on January 12, 2011 but the plaintiffs failed their case more than one year after the cause of action arose.
The court held that by virtue of Section 2 (1) of the Public Officers Protection Act, 2004, the case was statute barred. The court dismissed the case and awarded a cost of N10,000 each against all the plaintiffs in favour of the defendants.
Meanwhile, the National Publicity Secretary of the CPC, Engineer Rotimi Fashakin, has said there is no court injunction against the CPC National Convention, scheduled to hold on May 11, 2013.
Fashakin said: “This statement is geared at disabusing the minds of Nigerians by the deliberate falsehood propagated by some unscrupulous persons.
“As a party, we continue to stay the course in our resolve at ensuring stability of the polity.”