Court Hears Suit On PDP Presidential Primary, May 10

The Federal High Court sitting in Abuja has again fixed May 10 to hear applications in favour and against the party’s forthcoming presidential primaries holding on May 28.
One of the Presidential aspirants of the Peoples Democratic Party (PDP), Ndukwe Cosmas Chukwudi, had on April 28, urged the Justice Donatus Okorowo to stop the presidential primaries for contravening its zoning agreement and for not agreeing to give the ticket to a candidate from the South-East.
The ex-parte motion was filed by his counsel, Paul Erokoro, but the judge rather fixed May 5 for parties to show cause why the motion should or should not be granted.
At the resumed court hearing, yesterday, Erokoro told the judge that the PDP served him with its affidavit to show cause, last Wednesday, along with the preliminary objection.
He pleaded with the Judge to give him time by way of adjournment to enable him put his house in order.
“My Lord, most of the issues raised in the affidavit has been replicated in the preliminary objection and we will look at it if we are given more time.
“But for now my lord, we wish to respond to the affidavit to show cause; we can do so within 48 hours,” he said.
Counsel to the PDP, Mahmud Magaji (SAN), did not object to the request for adjournment.
Justice Okorowo subsequently shifted hearing till May 10 and ordered parties to file and exchange their processes ahead of the day.
Counsel for third defendant (Senator Anyanwu), Kalu Kalu Agu, told the judge that he has already filed an appeal at the appellate court.
“On our part, we are not also opposed to the application for adjournment. None of the processes has been served on the third defendant, including the order to show cause but in response we filed our memorandum of conditional appearance dated April 29, and also a notice of preliminary objection.
“My Lord, we also filed a notice of appeal in this matter dated on April 22 and filed same day,” he said.
“Come back on the 10th of May by 12 noon,” the judge ruled.
The PDP, its National Chairman, Dr. Iyorchia Ayu; National Secretary, Senator Samuel Anyanwu; and the Independent National Electoral Commission (INEC) were listed 1st to 4th defendants, respectively, in the suit marked: FHC/ABJ/CS/508/2022.
However, rather than granting the request of Ndukwe, the Judge ordered that the PDP should appear before it on May 5 and show cause why the court should not accede to the plaintiff’s demand.
During, yesterday’s proceedings, Erokoro stood for Ndukwe, Mahmud Magaji (SAN) for the PDP, Kalu Agu for Anyanwu and Abdulahi Badmos for INEC.