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).
Justice Salim Ibrahim, in his judgment, held that the plaintiffs, led by PDP Board of Trustees Chairman, Senator Adolphus Wabara, lacked the legal authority to institute the action.
The court upheld preliminary objections raised by INEC and other parties seeking to join the matter, ruling that the plaintiffs failed to establish that the electoral body had recognised the purported interim NWC or that they had the mandate to sue on behalf of the PDP.
The plaintiffs had approached the court seeking an order directing INEC to update its records and publish the names of the Turaki-led interim executives on its official website.
They argued that the names of the executives were forwarded to INEC through letters dated May 4 and that the electoral commission was obligated under relevant laws and the PDP constitution to recognise the leadership.
Those who filed the suit included Wabara, 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.
However, a faction of the party aligned with the Minister of the Federal Capital Territory, Nyesom Wike, challenged the suit and sought to be joined, arguing that the plaintiffs lacked the legal standing to represent the party.
The group, led by National Chairman Abdulrahman Mohammed, maintained that it represented the authentic leadership of the PDP.
Justice Ibrahim granted the joinder applications before delivering the substantive judgment, noting that the applicants’ interests could be affected by the outcome of the case.
The court subsequently ruled that the suit amounted to an abuse of court process, stating that the plaintiffs were attempting to reopen issues that had already been determined by other courts.
It also removed the PDP’s name from the suit, holding that the plaintiffs did not have the party’s authorisation to institute legal action on its behalf.
Justice Ibrahim said the matter had become academic, noting that evidence before the court showed that the PDP convention which produced the Mohammed-led executives was monitored by INEC.
“The court does not decide hypothetical or academic questions,” the judge held.
The court further ruled that the case was improperly filed through originating summons despite the contentious nature of the dispute.
Justice Ibrahim also referred to previous judgments relating to the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led executives.
The court dismissed the suit and awarded a N70 million cost against the plaintiffs in favour of the defendants. It also ordered the plaintiffs’ lawyer to personally pay N10 million.
The judge said the cost was imposed to discourage the filing of frivolous pre-election matters.
