By: Sunday Oyewole Sequel to documentary evidence presented by Bamanga Tukur, a Federal High Court sitting in Abuja on Friday ruled that he is the authentic national chairman of the ruling Peoples Democratic Party (PDP).
Consequently, Justice E Chukwu directed Abubakar Baraje and others to stop parading themselves as the national executive officers of the PDP and to desist from interfering in the official activities of Mr. Tukur.
The Judge contended that sufficient materials were placed before the court to support the reliefs being sought by the plaintiff, adding that all the evidences brought by the plaintiffs unequivocally led credence to the case.
“The suit before the court is properly constituted; I cannot deny the plaintiffs of their rights because of alleged non compliance. It is obvious that the plaintiffs have proved that they are entitled to all the reliefs sought.
“By the provisions of Section 222 and 223 of the 1999 Constitution as amended, Section 80, Electoral Act, 2011, Section 49 of the PDP Constitution, 2012, 1st to 5th defendants are not entitled to nullify the results of the election of the PDP special convention which produced the plaintiffs.
“The 2nd to 5th defendants are not entitled to be officers of the party having not participated in the election which took place during the special convention of the party where the plaintiffs emerged,” Justice Chukwu ruled.
Also, the Judge stopped the Baraje’s faction from opening and or operating parallel offices either at the national, state, local government levels and ward levels.
Earlier, counsel to the Baraje’s faction, Ahmed RajI (SAN) and Robert Clarke (SAN) had objected to the competence of the court to entertain the suit, insisting that issue before the court is an internal affairs of the party.
The Counsels had also prayed the court to dismiss the suit in its entirety, arguing that the inclusion of parties name and the office held makes them a non juristic persons and to that effect, the suit before the court was improper and incompetent.
But, Counsel to Tukur, Tochukwu Onwugbuifo (SAN) had submitted, that Section 251 of the Constitution had provided that the Federal High Court has jurisdiction to hear any matter on any issue as regards a Federal Government or any of its agencies.
Onwugbuifo further stated that with the Independent National Electoral Commission INEC, being a party to the suit, the court has vested jurisdiction to entertain the matter.
While arguing his originating summons, Onwugbuifo said the authentic national convention of the party was the one that produced Bamanga Tukur and his executive members and held at Eagles Square, Abuja and not at Yar’Adua centre.
Tukur had approached the court seeking an order restraining Abubakar Baraje and others from parading themselves as the officials of the ruling party.
While arguing his originating summons, Onwugbuifo said the authentic convention of the party that proiduced Bamanga Tukur and his executivemembers was held at Eagles Square, Abuja and not at Yar’Adua centre.
Prompt News Online, recalls that Justice Adefope Okojie of a Lagos High Court had last week dismissed the suit filed by the Baraje’s faction seeking to restrain Tukur from functioning on the grounds that the court lacked jurisdiction to entertain the matter because it originated outside its territorial jurisdiction.
On October 2, 2013, the Independent national Electoral Commission (INEC) had also rejected the request by Baraje’s faction seeking recognition of its National Working Committee (NWC).
