By Olusegun Lawrence Justice Evoh Chukwu of the Federal High Court sitting in Abuja has dismissed the suit filed by Aliyu Buba Gurin, an aspirant to the House of Representatives in Adamawa state, seeking the removal of the national chairman of the Peoples Democratic Party PDP, Adamu Mu’azu.
Also, the trial Judge dismissed the counter claim brought by the second defendant and the immediate past national chairman of the party, Bamanga Tukur, seeking his reinstatement having argued that he was compelled to resign.
Justice Chukwu while delivering the judgment held that the court has jurisdiction to entertain the matter on ground that the suit seeks the court’s interpretation of some sections of the constitution.
According to him, when it appears that a political party has breached its internal provisions, the court can be invited to determine the level of complicity.
On the issue of locus of the plaintiff to institute the suit, the court held that the plaintiff lack the legal right to institute such suit on ground that the interest he canvassed was not different from that of every other member of the party.
Justice Chukwu also held that the plaintiff did not demonstrate any specific interest as to how the appointment of Mu’azu affected him since he did not have the intention of contesting for the post.
While dismissing Tukur’s counter claim, the court held that such application is strange to the nation’s jurisprudence and hence should not be allowed to stand.
He held further, “In interpreting statutes, ordinary meaning should be given. The defendants in this suit have complied with Section 47 of the party constitution by appointing Mu’azu from the same geographical region of the resigned chairman.
“The complaint of the plaintiff therefore goes to no issue. No specific interest was shown by the plaintiff. The plaintiff has not shown any locus for bringing this suit. The injury he claimed was self-inflicted.
“I have studied the counter claim of the second defendant; his procedure is unknown to our jurisprudence. Having held that it is unknown to our law, it is accordingly dismissed.
“The application of party seeking to join has become an academic exercise and hence dismissed.
“The suit is thereby dismissed in its entirety; the counter claim is also dismissed. Plaintiff to bear the cost of the action.”
The plaintiff, Mr. Gurin had prayed the court to order Mu’azu to vacate the seat and to also stop him from presiding over the forthcoming national convention of the PDP.
Gurin had joined PDP, Bamanga Tukur, Mu’azu and the Independent National Electoral Commission INEC as first to fourth respondents.
But, INEC did not file any application, submitting that it will be neutral.
Reacting to the judgement, Mr Tukur, vowed to head to Court of Appeal.
