A Federal High Court in Abuja has struck out a suit seeking to compel the Independent National Electoral Commission (INEC) to recognise and publish the names of the Kabiru Turaki-led interim National Working Committee (NWC) of the Peoples Democratic Party (PDP).
Delivering judgment, Justice Salim Ibrahim held that the plaintiffs, led by PDP Board of Trustees Chairman Adolphus Wabara, lacked the legal standing to institute the suit. He consequently struck it out for want of jurisdiction.
The court upheld the preliminary objection filed by INEC and sustained similar objections raised by parties seeking to be joined in the matter. It ruled that the plaintiffs failed to establish that INEC had recognised the purported interim NWC or that they possessed the authority to sue on behalf of the PDP.
Members of the Wabara-led Board of Trustees had approached the court to compel INEC to update its records and recognise the factional interim NWC headed by Kabiru Turaki (SAN). They also sought an order directing the electoral commission to publish the names of the interim executives on its official website.
The plaintiffs argued that the names of members of the Turaki-led executive were forwarded to INEC through letters dated May 4. They further contended that, based on constitutional provisions and the PDP Constitution, the electoral body was obligated to recognise and act on correspondence from the interim leadership.
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Aside from Wabara, the plaintiffs included former Niger State Governor Muazu Babangida Aliyu, Prof. Jerry Gana, Chief Olabode George, Hajiya Maryam Ciroma, Hajiya Zainab Maina, Dame Esther Uduehi and the PDP.
INEC was listed as the sole defendant in the suit, which was filed on June 4 through a legal team led by Chris Uche (SAN).
However, a faction of the party aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, challenged the court’s jurisdiction and sought to be joined in the case. The group, led by its National Chairman, Abdulrahman Mohammed, maintained that it represented the authentic leadership of the PDP and argued that the plaintiffs lacked the locus standi to institute the action.
In a ruling delivered before the substantive judgment, Justice Ibrahim granted the joinder applications, holding that the interests of the applicants would be affected by the outcome of the suit.
The court subsequently upheld all preliminary objections and struck out the case, describing it as an abuse of court process. Justice Ibrahim held that the plaintiffs were attempting to relitigate issues that had already been determined by various courts.
The court also struck out the PDP’s name from the suit, holding that the plaintiffs lacked the party’s authorisation to institute the action in its name.
According to the judge, the suit invited the court to make orders that would undermine existing judgments. He further held that the matter had become academic, noting that evidence before the court showed that the PDP convention that produced the Mohammed-led executives was duly monitored by INEC.
“The court does not decide hypothetical or academic questions,” Justice Ibrahim held.
The judge also ruled that the suit was incompetent because it was commenced by Originating Summons despite the contentious nature of the dispute.
In addition, the court took cognisance of existing judgments that nullified the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led executives.
Justice Ibrahim upheld the arguments of the respondents and dismissed the suit.
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