A Federal High Court in Abuja presided over by Justice Evoh Chukwu has struck out the suit instituted by Alhaji Bamanga Tukur, a former Chairman of the ruling Peoples Democratic Party (PDP), seeking his reinstatement as chairman of the party, months after he voluntarily resigned from office.
The suit seeking to unseat the national chairman of the PDP, Alhaji Adamu Mu’azu, was instituted by an aspirant to the House of Representatives from Adamawa State, Alhaji Aliyu Buba Gurin, with a counter claim filed by Tukur.
Tukur has however said the ruing would be appealed at the Court of Appeal.
The court had earlier dismissed the main suit filed by Aliyu Buba Gurin, seeking to sack Mu’azu as PDP national chairman.
Tukur, who is the second defendant in the main suit, had filed a counter-claim to the suit, praying the court to reinstate him as the party’s national chairman.
In the main suit, Gurin had prayed the court to sack Mu’azu and thus stop him from presiding over the forthcoming PDP convention.
Tukur, in his counter claim had also supported all the reliefs sought by the Gurin.
Joined by the plaintiff as defendants in the main suit are PDP, Tukur, Mu’azu and the Independent National Electoral Commission (INEC) as first to fourth respondents respectively.
However, ruling in the suit, the trial judge, Justice Chukwu, ruled that the court has jurisdiction to entertain the matter on ground that suit seeks the court’s interpretation of some sections of the constitution.
Chukwu held that when it appears that a political party has breached its internal provisions, the court could be invited to determine the level of complicity.
The court also held that he (plaintiff) lacked the locus standi to institute such suit on ground because the interest he canvassed was not different from that of every other member of the party.
According to Justice Chukwu, Gurin 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.
