Justice Evoh Chukwu of a Federal High Court sitting in Abuja has okayed the moves to stop the planned National Convention of the Peoples Democratic Party scheduled to hold on December 10 and 11, 2014.
A member of the PDP had gone to court to seek its order to stop the convention.
The court, in short a ruling after an exparte motion was moved by counsel to the plaintiff, Aliyu Ayuba Gubrin, a House of Representatives aspirant from Adamawa State, Lilian Ojimma, the court asked the plaintiff to put the ruling party on notice on the pendency of the suit.
Justice Chukwu adjourned the case to November 20, 2014 to argue the motion on notice seeking to stop the PDP from holding its convention.
In the originating summons, the plaintiff is seeking the removal of Alhaji Adamu Mu’azu as the National Chairman of the PDP.
The plaintiff, also in a motion on notice, asked the court to restrain Mu’azu from acting as the chairman of the party.
Hearing of the originating summons has been fixed for December 20, 2014.
In the motion on notice, the court was asked to stop the planned national convention of the PDP scheduled for December 10 and 11, 2014.
The party is expected to adopt President Goodluck Jonathan as the sole candidate of the party at the convention for next year’s presidential election.
The plaintiff, in suit number FHC/AbJ/CS/821/2014 and dated November 10, 2014, said the resignation of the immediate past National 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.
The defendants in the suit are the PDP, Tukur, Mu’azu and the Independent National Electoral Commission.
In the suit, the plaintiff asked for an order of interlocutory injunction restraining the PDP from holding its national convention slated for December 10 and 11, 2014under the chairmanship of Mu’azu pending the determination of the suit.
He also asked for an order of the court restraining Mu’azu from acting as the national chairman of the PDP pending the final determination of the suit.
Last week, two separate suits challenging the appointment of Mu’azu were withdrawn at the court and about two days later, another fresh suit was filed before the court, seeking the ouster of Mu’azu.
Already, Mu’azu is gearing up to chair the party’s National Convention.
The plaintiff, in an originating summons, dated November 5, 2014, is also challenging the purported resignation of Tukur.
The PDP, through its counsel, Kwor Victor, has filed a memorandum of appearance.
In the main suit, the plaintiff begged the court to determine whether the resignation of Tukur on January 15, 2014 duly complied with Section 47(5) of the Constitution of the party.
He also asked the court to declare that Tukur’s resignation is invalid for non compliance with the Constitution of the party and the Electoral Act 2010.
The plaintiff asked the court for an order setting aside the resignation of Tukur as the party chairman.
He also begged the court for an order stopping INEC from recognizing Mu’azu as the chairman of the party.
He told the court to restrain Mu’azu from parading himself as the chairman of the PDP.