Zoning: Court Refuses PDP’s Moves To Delay Judgment In Suit Challenging Party’s Presidential Primary

The Federal High Court sitting in Abuja has refused to rule on a preliminary objection filed by the People’s Democratic party against a motion exparte challenging its forthcoming presidential primaries holding on May 28.

Justice Donatus Okorowo on Tuesday fixed May 18 for parties to file their written addresses before he will give his verdict in the case.

The court had scheduled today (May 10) to hear several applications in favor and against the motion.

THE WHISTLER reported that Ndukwe Cosmas Chukwudi, one of the presidential aspirants of the PDP had on April 28 urged the Justice Donatus Okorowo to stop the presidential primaries for contravening its zoning agreement and for not agreeing to field a candidate from the South East.

The ex parte motion was filed by his counsel, Paul Erokoro, but the court held that defendants should show cause why the motion should not be granted.

At the resumed court hearing on Tuesday, Erokoro told the judge to abridge (shorten) the time for filing of processes due to the urgency of the case in view of PDP’s primary election.

“My lord, time is very much of the essence, this matter needs to be determined as soon as possible.

“We have an application for substituted service on the second and third respondents
and abridgement of time so counsels should file processes within 3 days or in the alternative, we be directed to move the motion,” he said.

But PDP counsel, M. Magaji challenged the court’s jurisdiction to determine the case, urging the judge to refuse the application.

A. M Aliu, counsel for second defendant, Dr. Iyorchia Ayu, PDP Chairman, also raised objection to the motion on the grounds that Erokoro filed the application for abridgement out of time.

Kalu Kalu Agu counsel for third defendant (Senator Samuel Anyanwu, PDP Secretary), insisted that his client had not been served with the processes by the plaintiff.

Erokoro contended that the PDP had already issued a timeline for its convention and primary, and that not abridging time will not do justice to the case.

In his ruling, Justice Donatus Okorowo held that considering the circumstances of the case, all parties should file their processes within four days.

As for the preliminary objections, Okorowo said he will only decide on it alongside the substantive suit.

“A common ground by the parties is that this is a pre-election matter.

“All application challenging jurisdiction of this court will be heard alongside the substantive suit.

“This matter is adjourned to 18 May 2022, for adoption of written addresses, ” the judge held.