The court also ordered that the Baraje faction should henceforth stop interfering with the official duties of the Bamanga Tukur-led faction, declaring that the Tukur faction was the one “recognized by law.”
The ruling is coming barely two weeks after a Lagos High Court declined jurisdiction in the suit filed by the Baraje faction against the Tukur-led faction while INEC recognized Tukur’s executive as the authentic PDP Executive Committee.
The ruling is also against the backdrop of what The Guardian On Saturday sources described as ‘perfected plans’ by some hawks in the presidency, in connivance with the party leadership to make life more uncomfortable for members of the nPDP.
The recent revocation of a plot of land in Abuja belonging to Kano State governor, Alhaji Rabiu Kwakwanso and that of Senator Aisha Al Hassan and the sealing off of Adamawa Government Lodge by Federal Capital Territory Administration (FCTA), were cited by sources as indicative of what was in the offing for members of the nPDP following the collapse of the peace talks over the crisis in the party.
In the days ahead, further actions such as removal of the nPDP members from federal boards, deployment of anti-graft agencies against them, deployment of huge financial resources to the affected states to whittle the power and influence of the G-7 state governors, intensification of security surveillance on the governors and their foot soldiers, appointment of new ministers without the G-7 governors’ input, and declaring vacant nPDP members’ seats if they defect to another party, among others, would follow, sources further disclosed.
It is recalled that the Tukur faction had approached the Federal High Court Abuja, praying for an order restraining the Baraje faction from parading themselves as the officials of the ruling party.
In response, the Baraje faction had argued that the court lacked the jurisdiction to hear the matter as it bordered on the internal affairs of a political party, and that the plaintiff did not follow the right channel in instituting the suit.
In his judgment, Justice E. Chukwu held that the plaintiffs had presented before the court documentary evidence showing that their claims and reliefs sought should be granted.
On the mode of commencement, the court held that the facts were not contentious and that there were sufficient materials placed before the court, to make it not compulsory for the plaintiffs to come by a writ of summon.
He added that all the evidence brought by the plaintiffs was unequivocal and led credence to their case.
He said: “The suit before the court is properly constituted; I cannot deny the plaintiffs of their rights because of alleged non-compliance. It is obvious that the plaintiffs have proved that they are entitled to all the reliefs sought.
“By the provisions of Section 222 and 223 of the 1999 Constitution as amended, Section 80, Electoral Act, 2011, Section 49 of the PDP Constitution, 2012, 1st to 5th defendants are not entitled to nullify the results of the election of the PDP special convention, which produced the plaintiffs.
“The 2nd to 5th defendants are not entitled to be officers of the party having not participated in the election, which took place during the special convention of the party where the plaintiffs emerged.”
Justice Chukwu further stopped the Baraje faction from opening and or operating parallel national, state, LGA and ward secretariats of the PDP and ordered it not to interfere with the duties of the Tukur-led executive committee.
At the hearing stage, counsel to the Baraje faction, Ahmed Raji (SAN) and Robert Clarke (SAN) had brought a preliminary objection as to the competence of the court to entertain the suit since the matter to be adjudicated on bordered on the internal affairs of a political party.
They further argued that inclusion of parties’names and the offices held made them non-juristic persons and to that effect, the suit before the court was improper and incompetent.
Similarly, counsel to Oyinlola, E.R Enepkuruo, equally urged the court to dismiss the suit, stressing that it amounted to abuse of court process.
They prayed the court to dismiss the suit in its entirety.
But, counsel to Tukur’s faction, Tochukwu Onwugbufor (SAN) had in his response argued that the plaintiffs were in court to seek the interpretation of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Electoral Act and the PDP constitution with regard to some issues raised.
He submitted, that Section 251 of the Constitution had provided that the Federal High Court has jurisdiction to hear any matter on any issue relating to the Federal Government or any of its agencies.
He added that with the Independent National Electoral Commission INEC, being a party to the suit, it has vested jurisdiction on the court to entertain the matter.
Arguing his Originating Summons, Onwugbufor submitted that no member of the Baraje faction was duly elected at the mini national convention of the party held at the Eagle Square in Abuja.
He added that going by the constitution of the PDP, the legal and authentic convention with accredited delegates was held at the Eagle Square where the national officers of the party were elected.
He emphasized that the legal convention took place at the Eagle Square and not at the Yar’Adua Centre.
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