The Oyo State High Court has adjourned until December 8 the ruling on an application challenging its jurisdiction in a suit filed by a member of the Peoples Democratic Party (PDP) over the party’s National Convention.
The convention is scheduled to take place on Saturday and Sunday in Ibadan.
Folahan Adelabi had instituted the suit against the PDP as the first respondent, the PDP acting national chairman, Umar Damagun, as the second respondent, and Governor Umar Fintiri of Adamawa State, who is the chairman of the PDP National Convention Organising Committee, as the third respondent.
The Independent National Electoral Commission (INEC) is the fourth respondent in the suit.
At the proceeding on Friday, the INEC counsel, O. Adeyemi, moved and adopted his notice of preliminary objection, challenging the court’s jurisdiction, and urged the court to strike out the suit.
He said the court lacked the powers to prevent INEC from carrying out its duty as prescribed by sections of the Electoral Act and the 1999 Constitution as amended.
Mr Adeyemi said that only the Federal High Court has the power to entertain the suit and not the State High Court, adding that all the claimant’s reliefs border on the PDP convention and not on the enforcement of fundamental human rights.
“By Section 251 of the 1999 Constitution, only the Federal High Court and not other courts have jurisdiction over the subject matter,” he said.
He prayed the court to uphold his preliminary objection and strike out the claimant’s suit.
D. Durosaro, the counsel for the first and second respondents, PDP and Damagun, informed the court that he had not filed a counter-response to the preliminary objection.
The counsel to Mr Fintiri, the third respondent, Fredrick Ladopo, also told the court that he had not filed a response to the preliminary objection.
In his counterargument, the claimant’s counsel, Musibau Adetumbi (SAN), while opposing the preliminary objection, urged the court to dismiss it.
Mr Adetumbi stated that the claimant approached the court to enforce his fundamental human right under Section 40 of the Nigerian Constitution, which protects his interest regarding the conduct of the PDP National Convention.
He said the claimant has the right to institute the suit at the Oyo State High Court, and the court has jurisdiction to entertain the matter. He added that there was no need for the court to vacate its earlier order.
Mr Adetumbi further said the preliminary objection of INEC was defective and urged the court to dismiss it.
Justice Ladiran Akintola, after hearing the arguments of both parties, adjourned the suit until December 8 for a ruling.
The judge will also hear an application for joinder filed by parties seeking to be joined as fifth, sixth, and seventh respondents, brought by Emmanuel Ukala (SAN).
Mr Akintola further said the earlier order restraining the respondents from truncating the schedule of the PDP national convention was still in operation.
The claimant, in his earlier ex parte motion, had prayed the court to restrain the respondents from truncating the scheduled PDP national convention.
Mr Akintola had, on November 4, granted the ex parte motion of the claimant and restrained the respondents from truncating the PDP convention.
The court at that time also directed PDP leadership to adhere to the guidelines, timetable, and schedule of activities earlier released for the convention in Ibadan and directed parties to file all their processes in the matter.
(NAN)
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