Peoples Democratic Party (Pdp) & Ors V. Alhaji Atiku Abubakar (2007)

LawGlobal-Hub Lead Judgment Report

UWA, J.C.A.

This appeal arose from an interlocutory decision of the High Court of the Federal Capital Territory (FCT) Gwagwalada, Abuja delivered on the 31st day of October, 2006.

The respondent commenced the suit at the High Court of the FCT, Gwagwalada division, Abuja, (hereafter called the trial court) with an originating summons dated and filed on the 4th day of October, 2006 wherein he set out the issues for determination by the trial court in paragraphs (i) – (v) contained in pages 1 – 2 of the printed records.

The respondent subsequently sought the reliefs for determination of issues formulated in the paragraphs above, the reliefs are as follows:

“(i) A declaration that the suspension of the plaintiff by the National Executive Committee of the peoples Democratic Party (PDP) for 3 months at the National Executive Committee meeting of Thursday the 28th of September, 2006 is in total violation or the provisions or Section 36( 1) and section 224 of the Constitution of the Federal Republic or Nigeria 1999 and Articles 2 & 16(B)(i)(a) and (b) & (c) of the Constitution of the Peoples Democratic Party (PDP) and to that extent, is unconstitutional, null, void and or no effect whatsoever.

(ii) A declaration that by the combined provisions of sections 36(i) and section 224 of the Constitution or the Federal Republic of Nigeria, 1999 and Article 16(b), (i), (ii), (iii) and (iv) of the Constitution of the PDP ratified on December 10, 2005, the 1st defendant has no power to suspend the Plaintiff for a period exceeding one month.

(iii) A declaration that by the provisions of Articles 16(B) (iii) of the Constitution of (PDP) as ratified on December 10, 2005 section 36(1) and section 6(6)(b) or the Constitution or the Federal Republic or Nigeria, 1999, the plaintiff cannot be said to have been given fair hearing with respect to the 1st defendant’s decision to suspend him, taken on the 28th September, 2006, by the defendants.

(iv) A declaration that having regard to the provisions of Article 16(b)(i), (ii), (iv) and Article 16(3) and (f) or the Constitution of the Peoples Democratic Party (PDP) and ratified on December 10, 2005 and sections 36(1) and 224 of the Constitution of the Federal Republic of Nigeria 1999, an organ of the party other than the National Working Committee cannot suspend the plaintiff.

(v) A declaration that by the provisions of Article 16(b)(i), (ii) (iii), (iv) of the Constitution of the Peoples Democratic Party (PDP) and section 36(1) of the Constitution of the Federal Republic of Nigeria 1999, the plaintiff was entitled to be given an opportunity to present his case before he was suspended.

(vi) A declaration that the usurpation of the powers of the National Working Committee by the National Executive Committee as relates to power to suspend members contravenes the provisions of Article 16(B) (i) (a) and (b) of the Constitution of the Peoples Democratic Party (PDP) and to that extent, is unconstitutional illegal, null and void and of no effect whatsoever.

(vii) An order setting aside the purported suspension of the plaintiff from the Peoples Democratic Party (PDP) by the National Executive Committee of the party being illegal, unconstitutional null and void

(viii) A declaration that the plaintiff is entitled to contest for any election of the 1st defendant.

(ix) A perpetual injunction restraining the defendants from sanctioning the plaintiff except in accordance with provisions of the Constitution of the Peoples Democratic Party (PDP) ratified in December 10, 2005 and the Constitution of the Federal Republic of Nigeria 1999.

The respondent in support of his originating summons filed a 23 paragraph affidavit deposed to by one Umar A. Pariyah, a persona assistant to the respondent. Exhibits P1-P5 was attached to the said affidavit, which is contained in pages 6-72 of the printed records. The respondent also filed a further affidavit in support of his originating summons on the 11th day of October, 2006 with one exhibit attached, deposed to by one Omotomilola Ikotun, a legal practitioner in the law firm of Messrs Rickey Tarfa & Co. contained in pages 226 – 228 of the printed records.