Judge’s absence stalls suit seeking Mu’azu’s ouster

By A’isha Biola Raji

The absence of Justice Evoh Chukwu, of a Federal High Court sitting in Abuja, yesterday stalled the commencement of the suit filed against the Chairman of the Peoples Democratic Party (PDP), Alhaji Adamu Mu’azu, seeking his ouster as the party chairman.

In the suit, the plaintiff, Aliyu Ayuba Gubrin, a House of Representatives aspirant from Adamawa State, through his lawyer, Lilian Ojimma, in an originating summon, is seeking the removal of Mu’azu as the chairman of the PDP.

The plaintiff, also in a Motion on Notice, asked the court to restrain Mu’azu from acting as the chairman of the party.

The court was supposed to hear an ex-parte motion for substituted service and a motion for accelerated hearing yesterday, but his absence stalled the case.

The originating summons has been fixed for December 20, 2014.

In the Motion on Notice, the court was asked to stop the planned national convention of the PDP scheduled for 10th and 11th of December, 2014, where the party is expected to adopt President Goodluck Jonathan as the sole candidate of the party at the convention for next year’s Presidential election.

The plaintiff, in suit number FHC/AbJ/CS/821/2014 and dated November 10, 2014 said the resignation of the immediate past Chairman of the party, Alhaji Bamanga Tukur, did not comply with the provision of Section 47(5) of the constitution of the party which stipulates that a 30days notice be given to the National Executive Committee by Bamanga Tukur.

The defendants in the suit are the PDP, Alhaji Tukur, Mu’azu and the Independent National Electoral Commission (INEC).

In the suit, the plaintiff asked for an order of interlocutory injunction restraining the PDP from holding its national convention slated for the 10th and 11th of December, 2014 under the chairmanship of Adamu Mu’azu pending the determination of the suit.

He also asked for an order of the court restraining Mu’azu from acting as the national chairman of the PDP pending the final determination of the suit. Already, Mu’azu is gearing up to chair the party’s National Convention.

The plaintiff, in an originating summons, dated November 5, 2014 is also challenging the purported resignation of the former chairman of the party, Alhaji Bamanga Tukur.

The PDP, through its counsel, Kwor Victor has filed a Memorandum of Appearance.

In the main suit, the plaintiff begged the court to determine whether the resignation of Tukur on january 15, 2014 duly comply with Section 47(5) of the Constitution of the party.

He also asked the court to declare that Tukur’s resignation is invalid for non-compliance with the Constitution of the party and the Electoral Act 2010.

Last week, two separate suits challenging the appointment of Mu’azu were withdrawn at the court and about two days later, after the suits were withdrawn, another fresh suit was filed before the court, seeking the ouster of Mu’azu as the party chairman.