An Abuja High Court on Thursday struck out a suit by some aggrieved members of the Peoples Democratic Party in Oyo State against the National Working Committee of the party and the Independent National Electoral Commission.
The plaintiffs had approached the court, challenging alleged irregularities in the conduct of elections in the state party executive.
In his ruling, Justice Hussein Baba Yusuf held that the suit should not to have been instituted in Abuja when there was a similar suit pending before an Oyo State High Court in Ibadan with similar facts and seeking the same reliefs.
The judge further declined jurisdiction in the application for interlocutory injunction against the PDP which was filed by the plaintiffs, requesting the court to direct the PDP to re-conduct the elections when there was an order of interim injunction against the PDP from the court in Oyo.
Justice Yusuf said, ‘’The possibility of this is that a result may emerge from courts of co-ordinate jurisdiction making contrary orders in respect to the same subject matter against the same parties. This, in my view, will create a situation quite unfair to the administration of justice.’’
The aggrieved members of the PDP Board of Trustees in Oyo State led by Chief Lekan Balogun had instituted the suit alleging irregularities in the conduct of the party’s state congress which produced Chief Deji Afolabi and Chief Bashiru Akanbi as chairman and secretary respectively.
They alleged that the congress did not adhere to sections 86 and 87 (10) of the Electoral Act.
But two separate applications filed by a former Attorney-General and Minister of Justice, Mr. Akin Olujimi (SAN) and Chief Bolaji Ayorinde (SAN) for the PDP and INEC respectively urged the court to dismiss the suit and award punitive costs against the aggrieved PDP members for abuse of court process.
Olujinmi and Ayorinde had argued that there was a similar case pending before a state High Court in Ibadan.
They further contended that the court lacked jurisdiction to entertain the suit.
Source:punchng
Friday, December 3, 2010
Oyo PDP: Court strikes out suit by aggrieved members
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Nigeria Politics
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