The Peoples Democratic Party (PDP) has formally challenged
the jurisdiction of a Federal High Court, which summoned it to offer
explanations on why its May 28 Presidential Primary should be stopped.
PDP insisted that the Federal High Court has no jurisdiction
over an issue it described as its “pure internal affairs”.
In a notice of preliminary objection filed by its lawyer,
Mahmud Magaji SAN against a suit seeking to stop the primary election by its
lawyer, PDP submitted that the subject matter of the case which borders on
whether to zone its presidential ticket to any part of the country is not an
issue that the court has the mandate to decide.
Justice Donatus Okorowo of the Federal High Court, Abuja,
had last Thursday, ordered the PDP to appear before it on May 5, to show cause
why the request of one of its presidential aspirants to stop the scheduled
primary election for the selection of the party’s flag bearer in the 2023
presidential election should not be granted.
The aspirant, a former Deputy Speaker of the Abia State
House of Assembly, Mr. Cosmas Ndukwe, had brought an application for an order
of injunction restraining the PDP from proceeding with its scheduled primary
election pending the hearing and determination of his suit challenging the
position of the party on the issue of zoning the party’s presidential ticket.
Defendants in the suit marked: FHC/ABJ/CS/508/2022 are the
PDP, its National Chairman of Dr Iyorchia Ayu, Senator Samuel Anyanwu and the
Independent National Electoral Commission ( INEC) as 1st to 4th respectively.
Rather than granting the request, the judge ordered that the
PDP appear before it on May 5 and show cause why the court should not accede to
the plaintiff’s demand.
In a swift response, however, the PDP asked the court to
either strike out the suit for want of jurisdiction or dismiss it for being
“statute-barred”.
According to PDP, “the cause of action in the suit relates
to the internal affairs of a political party and therefore falls within the
doctrine of political questions which are non-justiciable” and as such the
court lacks jurisdiction to entertain it.
On the issue of statute-barred, the PDP noted that the cause
of action arose from the PDP National Zoning Committee Communique of April 5
whereas the plaintiff’s suit was filed on April 19 (15 days after) in violation
of Section 285 of the Constitution which provides for 14 days to file such
cases.
While arguing further that the plaintiff lacked the
necessary legal right to initiate the case, the PDP submitted that no civil
right of the plaintiff has been wronged pursuant to section 6(6) of the
Constitution.
The party therefore asked the court to uphold its objection
and dismiss the case of the plaintiff, adding that the plaintiff would not be
prejudiced or suffer any hardship if the case was dismissed.
PDP is expected to honour the summon on May 5 and present
its position before Justice Donatus Okorowo.
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