PDP crisis: Court fixes September

Justice Elvis Chukwu of the Federal High Court in Abuja has fixed September 20 for further hearing in the suit brought  by a factional National Chairman of the Peoples Democratic Party, Alhaji Bamanga Tukur, seeking to restrain the faction of the party led by Alhaji Abubakar Kawu Barage from parading themselves as national officers of the party.

The Tukur-led PDP had asked the court to grant an order of status quo pending the hearing of the suit he brought seeking to restrain the Abubakar Baraje’s faction from parading themselves as the recognized faction of the party.
Delivering ruling, the presiding judge, Justice Elvis Chukwu, held that he did not observe any tardiness on the part of the Baraje faction as claimed by the Bamanga Tukur-led faction.
The court however consolidated the application challenging its jurisdiction and the substantive suit.
The court also held that it did not notice any negligence on the part of the Baraje faction in filing its processes and entering an appearance against the position of the Tukur side.
The court later adjourned till September 20 for hearing of the substantive suit.
The Baraje faction had however prayed the court to strike out the suit brought by Tukur on the ground that it lacked jurisdiction to entertain same.
It will recalled that Tukur and 11 national officers of the PDP had last week Friday through an ex parte motion asked the court to stop Baraje, Dr. Sam Jaja, Prince Olagunsoye Oyinlola and Alhaji Atiku Abubakar from parading themselves as the national executives of the party.
The court then ordered the Tukur faction to put the Baraje group on notice and fixed September 13 to hear the suit.
Counsel to Baraje’s faction, Ahmed Raji (SAN), informed the court that they have filed a preliminary objection challenging the court’s jurisdiction to hear the suit.
In the preliminary objection, the Baraje group submitted that the subject matter of the suit has to do with domestic affairs of the PDP and that the suit should have been brought before a state or Federal Capital Territory High Court, instead of the Federal High Court.
Raji further argued that the action is incompetent and the court lacks the jurisdiction to hear, it adding that the subject matter revolves around the domestic affairs of Peoples Democratic Party.
He added that it is only in matters within the exclusive jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution (as amended) that can be competently entertained in the Federal High Court.
According to him, the subject matter herein is not cognizable under Section 251of the 1999 Constitution and the court does not have the jurisdiction to entertain it.
He however  asked the court for an order striking out the suit in its entirety for lack of jurisdiction.
Raji further prayed the court to first hear and determine the issue of jurisdiction before entertaining the substantive suit.
But counsel to Tukur group, Tochukwu Onwugbufor (SAN), asked the court to grant an interim order directing the two parties to maintain the status quo.