The Abuja Division of the Federal High Court, Tuesday, declined to reinstate Alhaji Bamanga Tukur as the National Chairman of the Peoples Democratic Party, PDP.
In a judgment he delivered Tuesday, Justice Evoh Chukwu dismissed the counter-claim that was entered before the high court by Tukur, describing it as “a violent abuse of judicial process”.
The court noted that Tukur validly resigned from office, after which a Committee that was presided over by the current National Vice Chairman of the PDP met and nominated Alhaji Adamu Mu’Azu who is from his geopolitical zone to replace him pending the conduct of a National Convention of the party scheduled for December 10.
Consequently, Justice Chukwu upheld a preliminary objection by the PDP which urged him not to allow Tukur to return back to office to preside over its planned National Convention.
It will be recalled that though the substantive suit was filed by a House of Representatives aspirant from Adamawa State, Mr. Aliyu Ayuba Gubrin, Tukur who was joined as the 2nd defendant in the matter re-approached the court with a counter-claim wherein he prayed it to void his resignation and reinstate him as PDP National Chairman.
The plaintiff had prayed the court to declare that Tukur’s resignation letter which was presented by President Goodluck Jonathan to the National Executive Committee, NEC, of the party on January 15, 2014, was a clear violation of Sections 47(5) and (6) of the 2012 Constitution of the PDP.
He equally prayed the court to declare that the appointment of Mu’azu as the chairman of PDP was not only invalid, but failed to comply with laid down procedure of Sections 45(1) and (2) of the 2012 Constitution of the PDP.
More so, the plaintiff urged the court to nullify the appointment of Mu’Azu for non-compliance with the provisions of Section 85(1) and (3) of the 2010 Electoral Act of the Federal Republic of Nigeria and Section 223(1) of the 1999 Constitution.
As well as to direct the immediate re-instatement of Tukur as the National Chairman of the PDP or in the alternative, order the Deputy National Chairman to pilot the affairs of party until the due process of electing a valid National Chairman is complied with.
He argued that Section 47(5) of the PDP constitution stipulated that Tukur ought to have given 30 days notice to the National Executive Committee, NEC, of the party, indicating his intention to resign.
Other defendants in the suit were the PDP, Mu’Azu and the Independent National Electoral Commission, INEC. Click to signup for FREE news updates, latest information and hottest gists everyday
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