The Peoples Democratic Party (PDP) has challenged the jurisdiction of a Federal High Court sitting in Abuja to summon it over its zoning arrangement and presidential primary election.
Legal Counsel to the PDP, Mahmud Magaji SAN, in a Notice of Preliminary Objection filed on Friday, April 29, 2022, argued that the subject matter of the case which he stressed centered on whether to zone its presidential ticket to any part of the country, is not an issue for the court to decide since it is purely its internal affair.
Justice Donatus Okorowo of the Federal High Court, Abuja, last Thursday, directed the PDP to appear before it on May 5, to explain why the request of one of its presidential aspirants praying the court to stop the scheduled primary election for the selection of the party’s candidate for the 2023 presidential election should not be granted.
One of the presidential aspirants of the party and former Deputy Speaker of the Abia State House of Assembly, Hon. Cosmas Ndukwe, in an application sought for an order of injunction to restrain the PDP from proceeding with its scheduled primary, pending the hearing and determination of his suit challenging the position of the PDP on the issue of zoning of the party’s presidential ticket.
Respondents to the suit with reference number: FHC/ABJ/CS/508/2022, include the PDP, its national chairman, Dr Iyorchia Ayu, National Secretary, Senator Samuel Anyanwu and the Independent National Electoral Commission (INEC).
The trial judge in his consideration of the suit, ordered the PDP to appear before him to show cause why the court should not accede to the plaintiff’s request.
However, the PDP on Friday urged the court to strike out the suit for lack of jurisdiction and also dismissed it for being statute-barred.
In the suit with number: FHC/ABJ/CS/508/2022, the PDP stressed that the cause of action in the suit relates to the internal affairs of a political party and thus, falls within the doctrine of political questions which are non-justiciable, insisting that as such, the court lacks jurisdiction to entertain it.
Arguing on the issue of statute-barred, the PDP further said that the cause of action arose from the PDP National Zoning Committee communique of April 5, 2022 whereas the plaintiff’s suit was filed on April 19 (15 days after) in violation of Section 285 of the Constitution which provides for 14 days to file such cases.
The PDP specifically argued that the plaintiff lacked the necessary legal right to initiate the case, stressing that no civil right of the plaintiff had been violated pursuant to Section 6 (6) of the Constitution.
Accordingly, the PDP prayed the court to uphold its objection and dismiss the case of the plaintiff, adding that the plaintiff would not be prejudiced or suffer any hardship if the case was dismissed.
