A High Court sitting in Sokoto, on Monday dismissed a case filed by Bafarawa, a faction challenging the conduct of the party’s congresses in the state.
Bafarawa led-faction had filed a suit before the court challenging the conduct of the exercise for allegedly denying some members level playing ground during the congresses.
The Plaintiff’s counsel Ibrahim Abdullahi SAN Took out a writ at the court for eleven plaintiffs who filed the suit in a representative capacity for some known and unknown members of the party. The plaintiffs are challenging the conduct of the party preparatory to the conduct of its 2024 wards congresses in sokoto.
The plaintiffs alleged that the party refused to sell nomination forms to them in an apparent attempt to illegally exclude them from participating in the congress in order to clear the way to imposed consensus candidates in the state which their lawyer submitted to be illegal and against the letters and spirit of the party Constitution, Electoral Act, 2022 and the Constitution of the Federal Republic of Nigeria 1999 as amended.
The counsel, therefore, urged the court to declare the congresses null and void, and order for a fresh and genuine congresses that would provide a level playing ground for all members, as enshrined in the party’s constitution.
However, the PDP through their lawyer, A.Y. Abubakar who appeared alongside the party legal adviser in the state Barr. Abdulrahman Tsamiya told the court that congresses are internal affairs of the party.
According to him, the court has no jurisdiction to entertain the case, therefore, urged the Court to strike out the case for lack of jurisdiction so also the that Plaintiffs doesn’t have locus standi to institute the action for not being a dully registered party members with all requirements required by the party’s constitution.
Delivering his judgment on the issue on Monday, Justice Kabiru Ahmed, resolved the preliminary objection in favour of the party and held that the court has no jurisdiction to entertain the matter, as it relates to internal affairs of the party.
The Court also agreed with the submission of the learned respondent’s counsel A. Y Abubakar that the Plaintiff’s inability to fulfill the requisite requirements for membership as provided by the party’s constitution robbed the Plaintiffs of the necessary locus standi to institute the action against the party’s.
The Court concludes that the plaintiffs failed woefully to prove their entitlement to the reliefs sought in the case.
Justice Kabiru Ahmed explained that the court have no option than to strike out the case for lack of jurisdiction as the apex court have ruled in plethora of cases that court does not have jurisdiction in internal affairs of political party.
(Agency Report)
