The Peoples Democratic Party (PDP), the presidential Candidate of the party, Atiku Abubakar, and Governor Aminu Tambuwal of Sokoto State have challenged a suit filed by Governor Nyesom Wike of Rivers State seeking the cancellation of the party’s presidential primaries.
The PDP, Atiku and Tambuwal in a notice of preliminary objection marked: FHC/ABJ/CS/782/22 dated and filed on August 5 before Justice Ahmed Mohammed of a Federal High Court, Abuja, sought an order striking out or dismissing the suit for want of jurisdiction.
Prince Michael Ekamon and Governor Wike are 1st and 2nd plaintiffs in the suit dated June 2 and filed on June 3.
While the PDP is the 1st defendant, the Independents National Electoral Commission (INEC), Tambuwal and Atiku are 2nd to 4th defendants.
Wike, in the suit, sought among other prayers, the court’s pronouncement declaring him the PDP’s presidential candidate for the 2023 election.
But the PDP and others, in their application filed by their counsel A.K. Ajibade, SAN, argued their matter on four grounds.
According to them, the instant suit as filed is unknown to law and/or not cognizable under a pre-election matter.
They argued that Ekamon, who is the 1st applicant, having not participated in the primary election conducted by the National Executive Committee of the party lacked the requisite locus standi to institute the suit.
They further argued that the instant suit, as brought by the applicants (Ekamon and Wike) did not fall within “the purview of Section 84 of the Electoral Act, as such does not qualify as a pre election dispute.
“That the instant suit was not initiated by due process of the law.”
On resumption of hearing of the suit on Wednesday, counsel to Wike and Ekamon, Wilfred Okoi, told the court that the matter was filed through an originating summons dated June 2 and filed June 3.
He said all the defendants, including INEC, had been served.
Okoi said he was in receipt of a counter to their originating summons and a motion on notice for an extension of time from PDP, Tambuwal and Atiku to enable them file their counter affidavit and enter defence in the suit.
Following the lawyer’s non-opposition to the motion for an extension of time, Prisicila Eje, counsel for PDP and others moved the motion and the judge granted it.
Justice Mohammed adjourned the matter until September 14 for hearing.
=