Monday, 31 October 2011

Court dismisses suit challenging primaries

Capt. Idris I. Wada(Approved PDP Aspirant)
An Abuja High Court on Monday dismissed a suit filed by Jibril Isa challenging his removal by the Peoples Democratic Party (PDP) as its candidate for the December 3 governorship election in Kogi.

Justice Sunday Aladetoyinbo, who delivered judgment, held that the court lacked jurisdiction to entertain the suit. The judge also held that all the facts that Mr Isa called on the court to adjudicate upon happened in Lokoja, Kogi State.

Aladetoyinbo further held that against that backdrop, the suit ought to have been filed in Lokoja. Similarly, he held that Isa’s suit was an abuse of court process.

He said that Isa could not file the same suit in a Federal High Court and another in the Abuja High Court at the same time.

Besides, the judge held that Isa did not explore “any internal remedies” before going to court, even as he told the court that he also participated in the same primary of September 22, but lost.

The judge said that there was evidence to show that Isa signed that he would not go to court against any decision of PDP.

Isa had asked the court to declare the nomination of Captain Idris Wada, whom the PDP substituted his name with, as null and void.

He urged the court to hold that his nomination as candidate in January primaries should be validated and cancel that which the PDP conducted in September to replace him.

Isa had said that the only condition that would warrant a candidate’s substitution was as a result of death or willful withdrawal.

Speaking to newsmen after the judgment, counsel to Mr Wada, described the action of Isa as “desperate.”

“This amounts to litigation prostitution. He filed the same suit before a Federal High Court in Abuja and quickly ran to the FCT High Court to file another.

Also speaking, Okore Okuyebo, counsel to the PDP, told journalists that a Federal High Court did not validate the primary conducted by the party in January.

In that primary, the plaintiff won but could not be presented as the candidate because the tenure of incumbent governor Ibrahim Idris was still running.

“This is a decision also upheld by the Court of Appeal. The court’s judgment is a sound one. It examined whether the plaintiff is entitled to the relief he sought.

“The court looked at the exhibit, that is the judgment of Federal High Court and said no,” Mr Okuyebo said.

Neither Isa nor his counsel, Chris Uche was present in court for the judgment.

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