Alex Enumah in Abuja
Justice Inyang Ekwo of the Federal High Court, Abuja, on Wednesday, adjourned till March 14, for hearing in two separate suits challenging the legality of the February 22 primary election of the People’s Democratic Party (PDP), for the selection of its governorship candidate in the forthcoming governorship election in Edo State.
Justice Ekwo fixed the date for hearing after counsel representing the two plaintiffs informed the court of service of the suit on all the defendants.
Recall that the judge had last week turned down request to stop the PDP from proceeding with its primary election of its candidate in the forthcoming governorship election in Edo State.
Justice Ekwo rather ordered that the PDP and other defendants be put on notice and appear before the court to explain why the request of the plaintiffs / applicants should not be granted.
While the first suit marked: FHC /ABJ /CS/ 195/2024, was filed by Adizetu Hadizat Audrey Abosede Adunni Umoru, the second marked: FHC /ABJ /CS/ 196/2024, was filed by Moses Adomokha Alabi and Christopher Ebode Oboarere.
Respondents in the two suits are; Independent National Electoral Commission (INEC), PDP, Acting National Chairman, Umar Damagum, Setonji Koshoedo, PDP’s NWC and NEC.
At the resumption of proceedings on Wednesday, Matthew Burkaa, SAN, who announced appearance for the plaintiffs informed the court that all parties have been served with the court processes as ordered by the court.
However, the legal team representing some of the defendants said they have not filed replies to the substantive suit of the plaintiffs.
Subsequently, Justice Ekwo gave ten days to each defendant to file responses to the plaintiffs’ substantive suits and adjourned to March 14 for hearing and on the date of hearing.
Besides, the judge held that the preliminary objection of the respondents shall be taken together with the substantive matter.
The two plaintiffs in their separate applications dated and filed February 19, specifically sought an interim order of the court restraining the defendants from using the list of ward congresses held on February 4, for the purpose of conducting the PDP’s primary in Edo State, slated for February 22 or any other date pending the hearing and determination of the main suit.
Mr Magaji Ibrahim, SAN, who moved the two separate motions pointed out that the primary election would amount to a nullity if allowed to hold, on the grounds that the process which produced the delegates is defective.
According to Ibrahim, the PDP trampled upon the judgment of the court delivered on January 9, this year, when the Acting National Secretary of the PDP announced the information of the ward congresses.
He recalled that the court had in the January 9 judgment declared Senator Samuel Anyannwu as the substantive National Secretary of the PDP, adding that rather than comply with the judgment the party went ahead to appoint an Acting National Secretary in flagrant disobedience of the court.
It was the claims of the applicants that the action of the acting National Secretary amounted to an illegality, and by extension the product of the ward congresses held on February 4, 2024.
They therefore prayed the court to restrain the party and INEC from making use of the list of delegates from the alleged defective congresses.
In his ruling, Justice Ekwo, who observed that the motions of the applicants is seeking to arrest the conduct of the primary, however declined to grant the application.
The judge rather ordered the applicants to put the defendants on notice to enable them appear before the court and show cause why the request against them should not be granted.
