Court Dismisses Suit Seeking To Oust Mu’azu

Court Dismisses Suit Seeking To Oust Mu'azu 

Justice Evoh Chukwu of a Federal High Court in Abuja has dismissed the suit instituted by an aspirant to the House of Representatives from Adamawa State, Aliyu Buba Gubrin, seeking to oust the national chairman of the Peoples Democratic Party (PDP) Adamu   Mu’azu.

The court also dismissed the counter claim brought by the immediate past chairman of the party, Bamanga Tukur seeking his re-instatement.

The court in its judgement described the counter-claim as a violent abuse of the process of the court.

Gurin had asked the court to unseat Mu’azu and at the same time stop him from presiding over national convention of the party slated for 10th and 11th of December, 2014.

Tukur who was the second defendant in the suit brought a counter claim supporting all the reliefs sought by the plaintiff.

The plaintiff had joined PDP, Bamanga Tukur, Mu’azu and the Independent National Electoral Commission (INEC) as first to fourth respondents.

In his judgement, Justice Chukwu held that the court has jurisdiction to entertain the matter on ground that the suit seeks the court’s interpretation of some sections of the constitution.

He held that when it appears that a political party has breached its internal provisions, the court can be invited to determine the level of complicity.

He added that the plaintiff 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.

Dismissing Tukur’s counter claim, the court held that such application is strange to the nation’s jurisprudence and hence should not be allowed to stand.

“In interpreting statutes, ordinary meaning should be given. The defendants in this suit have complied with Section 47 of the party constitution by appointing Mu’azu from the same geographical region with the former chairman who resigned.

“The complaint of the plaintiff, therefore goes to no issue. No specific interest was shown by the plaintiff. The plaintiff have not shown any locus for bringing this suit. The injury he claimed was selfinflicted.

Source : Leadership News.