Court Nullifies Anambra PDP Caretaker Committee, Throws out Umana’s Suit against PDP"
A Federal High Court in Abuja has nullified the Lt.-Gen. Aliyu Kama-led caretaker committee of the Peoples Democratic Party (PDP) in Anambra State.
Justice Evoh Chukwu dissolved the caretaker committee while delivering judgment in a suit filed by a former chairman of the party in the state, Ken Emekeanyi, who had asked the court to extend his tenure till 2017.
The judge dismissed the suit on the grounds that it constituted an abuse of court process because similar suits were pending before another court of coordinate jurisdiction.
The judge also nullified the Kama-led caretaker committee, which was set up while the suit was pending.
The judge noted that even though the suit constituted an abuse of court process, the setting up of the caretaker committee in the state chapter of the party, contrary to the undertaking by the party’s lawyers, amounted to foisting a state of helplessness on the court.
“This impunity and judicial terrorism must stop,” the court ruled.
The plaintiff, who was in 2010, elected as the vice-chairman of the party in the state, was sworn in as the state chairman when former occupant of the office, Emmanuel Nweze, resigned from office in 2013.
Emekeanyi had filed his suit dated November 6, 2014, asking the court to declare that his tenure would only start to run in 2013 when he was recognised as the state chairman of the party.
He contended that he ought to remain in office till 2017, when his four-year tenure would elapse.
However, the judge held that the suit constituted an abuse of court process because there were multiple of such suits existing in various courts. This the judge said amounted to forum-shopping.
“I must in strong term condemn this reckless forum-shopping by the plaintiff,” the court held.
The judge further ruled: “His (Emekeanyi’s) executive came into power in 2010 but was refused to function until 2013. Going by the constitution of the party, his tenure elapsed on October 24, 2013. So his argument that his tenure started running in 2013 when it was recognised holds no water and I so hold.
“It is only governors under our law that their four-year tenure starts to run from the day they took oath of office.
“Having said that, this suit which is a gross abuse of court process is hereby dismissed.
“It is further ordered that the act of appointing a caretaker committee by by the fourth defendant which is an abuse of court process is also set aside and nullified.”
The court had earlier dismissed the contention by the PDP, represented by Chief Olusola Oke, that the court lacked jurisdiction to entertain the suit, because the election of a party chairman was an internal affair of the party.
The court also dismissed the contention that it lacked jurisdiction on the grounds that the plaintiff failed to exhaust internal remedy of the party before approaching the court.
Similarly, another Federal High Court yesterday struck out the suit filed by a governorship aspirant in Akwa Ibom, Umana Okon Umana challenging the decision of the PDP to exclude him from the party primaries.
Umana also challenged the legality of the November 1 ward delegate congress of the party in the state.
Justice Adeniyi Ademola struck out the suit on the ground that the court lacked the jurisdiction to entertain the matter.
He said it was a mere academic exercise.
The court also noted that the principle of rotation entrenched in PDP constitution in line with Section 223 of the 1999 Constitution must be complied with by party members.
Umana was in court challenging the November 1 ward delegate congress in which he claimed he was unlawfully excluded in spite of the fact that he had bought the governorship nomination and expression of interest form worth N11 million.
The judge said that his court had no jurisdiction to entertain the suit because it bordered on intra-party affairs.
Justice Ademola said that the suit was premature, speculative and disclosed no cause of action because there was no indication that he would be excluded at the time he rushed to the court.
He upheld the preliminary objection raised by the PDP through its counsel. Paul Usoro (SAN).The court further held that the plaintiff had not suffered any injury to warrant the invocation of the court’s jurisdiction.
Also, a sister case involving Roberta Nyong against the PDP was also struck out on similar grounds.
Source ThisDay.
A Federal High Court in Abuja has nullified the Lt.-Gen. Aliyu Kama-led caretaker committee of the Peoples Democratic Party (PDP) in Anambra State.
Justice Evoh Chukwu dissolved the caretaker committee while delivering judgment in a suit filed by a former chairman of the party in the state, Ken Emekeanyi, who had asked the court to extend his tenure till 2017.
The judge dismissed the suit on the grounds that it constituted an abuse of court process because similar suits were pending before another court of coordinate jurisdiction.
The judge also nullified the Kama-led caretaker committee, which was set up while the suit was pending.
The judge noted that even though the suit constituted an abuse of court process, the setting up of the caretaker committee in the state chapter of the party, contrary to the undertaking by the party’s lawyers, amounted to foisting a state of helplessness on the court.
“This impunity and judicial terrorism must stop,” the court ruled.
The plaintiff, who was in 2010, elected as the vice-chairman of the party in the state, was sworn in as the state chairman when former occupant of the office, Emmanuel Nweze, resigned from office in 2013.
Emekeanyi had filed his suit dated November 6, 2014, asking the court to declare that his tenure would only start to run in 2013 when he was recognised as the state chairman of the party.
He contended that he ought to remain in office till 2017, when his four-year tenure would elapse.
However, the judge held that the suit constituted an abuse of court process because there were multiple of such suits existing in various courts. This the judge said amounted to forum-shopping.
“I must in strong term condemn this reckless forum-shopping by the plaintiff,” the court held.
The judge further ruled: “His (Emekeanyi’s) executive came into power in 2010 but was refused to function until 2013. Going by the constitution of the party, his tenure elapsed on October 24, 2013. So his argument that his tenure started running in 2013 when it was recognised holds no water and I so hold.
“It is only governors under our law that their four-year tenure starts to run from the day they took oath of office.
“Having said that, this suit which is a gross abuse of court process is hereby dismissed.
“It is further ordered that the act of appointing a caretaker committee by by the fourth defendant which is an abuse of court process is also set aside and nullified.”
The court had earlier dismissed the contention by the PDP, represented by Chief Olusola Oke, that the court lacked jurisdiction to entertain the suit, because the election of a party chairman was an internal affair of the party.
The court also dismissed the contention that it lacked jurisdiction on the grounds that the plaintiff failed to exhaust internal remedy of the party before approaching the court.
Similarly, another Federal High Court yesterday struck out the suit filed by a governorship aspirant in Akwa Ibom, Umana Okon Umana challenging the decision of the PDP to exclude him from the party primaries.
Umana also challenged the legality of the November 1 ward delegate congress of the party in the state.
Justice Adeniyi Ademola struck out the suit on the ground that the court lacked the jurisdiction to entertain the matter.
He said it was a mere academic exercise.
The court also noted that the principle of rotation entrenched in PDP constitution in line with Section 223 of the 1999 Constitution must be complied with by party members.
Umana was in court challenging the November 1 ward delegate congress in which he claimed he was unlawfully excluded in spite of the fact that he had bought the governorship nomination and expression of interest form worth N11 million.
The judge said that his court had no jurisdiction to entertain the suit because it bordered on intra-party affairs.
Justice Ademola said that the suit was premature, speculative and disclosed no cause of action because there was no indication that he would be excluded at the time he rushed to the court.
He upheld the preliminary objection raised by the PDP through its counsel. Paul Usoro (SAN).The court further held that the plaintiff had not suffered any injury to warrant the invocation of the court’s jurisdiction.
Also, a sister case involving Roberta Nyong against the PDP was also struck out on similar grounds.
Source ThisDay.
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