By Ayomide Otitoju
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 ruled that the plaintiffs, led by PDP Board of Trustees Chairman Adolphus Wabara, lacked the legal standing to institute the suit and consequently struck it out for want of jurisdiction.
The court upheld the preliminary objection filed by INEC and sustained similar objections raised by parties that sought to be joined in the matter. Justice Ibrahim held that the plaintiffs failed to prove that INEC had recognised the purported interim NWC or that they were authorised to institute the action on behalf of the PDP.
The plaintiffs had asked the court to direct INEC to update its records and recognise the Kabiru Turaki (SAN)-led interim leadership of the party. They also sought an order compelling the electoral commission to publish the names of the interim executives on its official website.
They argued that the names of the interim officers had been forwarded to INEC through letters dated May 4 and maintained that the commission was constitutionally bound to recognise and act on correspondence from the interim leadership.
The suit was filed by Wabara alongside 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 case filed on June 4 through a legal team led by Chris Uche (SAN).
However, a rival PDP faction aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, challenged the suit and sought to be joined in the proceedings. The group, led by its National Chairman, Abdulrahman Mohammed, argued that it represented the party’s authentic leadership and contended that the plaintiffs lacked the legal capacity to file the suit.
Justice Ibrahim granted the joinder applications before delivering the substantive judgment, holding that the outcome of the case would directly affect the interests of the applicants.
The court subsequently upheld all the preliminary objections and struck out the suit, describing it as an abuse of court process. It held that the plaintiffs were attempting to relitigate issues that had already been determined by other courts.
Justice Ibrahim also struck out the PDP as a plaintiff, ruling that the claimants lacked the party’s authorisation to institute the action in its name.
The judge further held that the reliefs sought would undermine existing court judgments and noted that the case had become academic, as evidence before the court showed that the PDP convention which produced the Abdulrahman Mohammed-led executives was duly monitored by INEC.
The court also ruled that the suit was incompetent because it was commenced by Originating Summons despite involving disputed facts that required oral evidence.
Justice Ibrahim additionally took judicial notice of existing judgments that nullified the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Kabiru Turaki-led executives.
