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Case seeking to stop PDP LG congresses thrown out in Jigawa Court

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Jigawa State High Court sitting in Dutse on Friday dismissed a suit seeking to restrain the Peoples Democratic Party (PDP) from conducting Congresses in the 27 Local Government areas of the State, State for lack of jurisdiction.

The presiding judge, Justice Musa Ubale while delivering judgement declined jurisdiction and dismissed the case.

He said he agreed with the PDP Counsel that the matter was intra party, hence, it is nonjusticeable, saying, he has no jurisdiction to entertain the matter.

Following an exparte motion filed by some aggrieved members of the party, the judge had issued an injunction restraining PDP in the 27 LGAs of the state from conducting its congress scheduled for December 17, 2020.

The case was instituted by Mukhtar Ibrahim Gonga, Musa Abubakar Kazaure and Yahuza Gabari as leaders of Malam Aminu Ibrahim Ringim former PDP Gubernatorial candidate led faction of the PDP, Jigawa State Chapter.

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They had asked the court to restrain the Peoples Democratic Party (PDP), its National Working Committee, its National Executive Committee, INEC, DSS, Police, and NSCDC who are respondents from conducting Local Government and State congresses of the party.

Their contention was that there was no valid ward congress that took place on the 16th March 2020, hence, they demanded that the court restrains the respondents from conducting the Local Government and State congresses of the PDP.

They said going by the PDP’s constitution, the ward executives that will emanate from the ward congresses are the ones that will elect the local Government executives who in turn will elect the State executives of the party at the State Congress.

Counsel to the PDP who spoke to newsmen after the judgement, Barrister Garba Wakil said, the court injunction was issued after the Local Government Congress was already concluded on the same day.

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“The very day the matter was heard exparte was the day the Local Government congress took place on 17th December 2020.

“So before the order was issued out by the court the Local Government congress was conducted already so that one was overtaken by event.”

He said the Party’s National Working Committee and the National Executive Committee through their counsel filed a notice of preliminary objection on the ground that the court has no jurisdiction to entertain the matter.

“The matter was purely intra party affairs of the PDP on the election of its leaders therefore the court has no jurisdiction to entertain such matter.”

He said the respondents cited a lot of judicial authorities including that of the of Appeal Court and Supreme Court on the issue that once the matter is intra party affairs which is within the party on how to elect their leaders the court has no juristiction to entertain the matter.

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“They plaintiffs countered our preliminary objection, then we replied on point of law. The processes were adopted on Monday, 4th of January, 2021 and the matter was adjournrd to Friday 8th, January for judgement, because we adopted the preliminary objection alongside with the main case that is their counter Affidavit with their main originating motion.

“All were taken together and today the court delivered judgement.

“The presiding Judge agreed with the PDP that the matter was intra party hence it is nonjusticeable, hence he has no jurisdiction to entertain it,
He declined jurisdiction and dismissed the case.”

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