Court Dismisses Suit Seeking to Remove MuazuFeatured, Latest News Tuesday, December 2nd, 2014
Ayodele Afolabi, Abuja
The National Chairman of the Peoples Democratic Party, Adamu Mu’azu has roundly defeated his predecessor, Bamanga Tukur as the suit instituted by an aspirant to the House of Representatives from Adamawa State, Aliyu Buba Gurin, seeking to unseat Muazu was dismissed by the court.
This is just as the court also dismissed the counter affidavit brought Tukur, seeking his reinstatement.
However, counsel to Tukur has indicated that he will challenge the judgement at the Court of Appeal.
Tukur, who was the second defendant in the suit, brought a counter claim supporting all the reliefs sought by the plaintiff.
Delivering his judgement, the trial judge, Justice Evoh Chukwu, held that the court has jurisdiction to entertain the matter on the ground that the suit seeks the court’s interpretation of some sections of the constitution.
According to him, when it appears that a political party has breached its internal provisions, the court can be invited to determine the level of complicity.
On the issue of locus of the plaintiff to institute the suit, the court held that Gurin lacked the legal right to institute such suit on the ground that the interest he canvassed was not different from that of every other member of the party.
He added that the plaintiff did not demonstrate any specific interest as to how the appointment of Mu’azu affected him since he did not have the intention of contesting for the post.
Dismissing Tukur’s counter claim, the Judge held that such application is strange to the nation’s jurisprudence and hence should not be allowed to stand.
The Judge said, “In interpreting statutes, ordinary meaning should be given.
“The defendants in this suit have complied with Section 47 of the party constitution by appointing Mu’azu from the same geographical region of the resigned chairman.
“The complaint of the plaintiff, therefore goes to no issue.
“No specific interest was shown by the plaintiff.
“The plaintiff has not shown any locus for bringing this suit.
“The injury he claimed was self inflicted.
“I have studied the counter claim of the second defendant, his procedure is unknown to our jurisprudence.
“Having held that it is unknown to our law, it is accordingly dismissed.
“The application of party seeking to join has become an academic exercise and hence dismissed.
“The suit is thereby dismissed in its entirety, the counter claim is also dismissed.
“Plaintiff to bear the cost of the action.”
Reacting to the ruling, the National Legal Adviser of the PDP, Victor Kwon, commended the Judge adding that the court had simply interpreted Section 47 (6) of PDP constitution.
Kwon said: “On the issue of discipline, it is a matter that the party will look at closely.
“Because, as much as as the party wishes to open its arms to all members, discipline also has to be maintained within the party hierarchy.”
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