Justice Evoh Chukwu of the Federal High Court sitting in Abuja will on Thursday hear the request of the former national chairman of the Peoples Democratic Party (PDP) Bamanga Tukur, seeking to return to office, 10 months after his ouster.
Tukur had approached the Court seeking an order recognizing and permitting him to preside over the forthcoming national convention of the party.
He also wants the court to grant an order allowing him to preside over the affairs of the party until 2016, when his tenure as the party’s national chairman would have expired.
These requests were contained in a counter claim he filed at the registry of the court on Wednesday through his counsel, Adamson Adeboro.
He was responding to a suit instituted by an aspirant to the House of Representatives in Adamawa state, Aliyu Abuba Gurin, who is seeking the removal of the PDP national chairman, Adamu Mu’azu and also to stop the party’s planned delegates’ convention.
Tukur in the counter claim filed is asking the court for an order setting aside his purported resignation letter dated January 15, 2014 and reinstate him as the substantive and duly elected chairman of the party at its national convention in 2012 until the completion of his term in 2016.
He also wants the court to restrain PDP and INEC from further recognizing, permitting or allowing Mu’azu to preside over the affairs of the party.
He further wants the court to declare that his resignation was null and void and that the appointment of Mu’azu by the NEC of the party was also null and void being inconsistent with Section 45(1) and (2) of the party constitution.
He had earlier asked the court to determine whether his purported resignation complies with Section 47(5) of the PDP’s constitution as amended.
Tukur also asked the court to decide whether if his purported resignation did not comply with Section 47(5) of the PDP’s constitution will not render the resignation null and void.
The counter claimant also wants the court to decide whether the appointment of Mu’azu is not in contravention of Section 45(1) and (2) of the party constitution, Section 85(3) of the Electoral Act, 2010 and Section 223(1) of the 1999 Constitution.
Tukur had claimed that he was compelled to resign so that the seven governors that defected to the APC could return. He however regretted that 10 months after, the governors are yet to return.
