A federal high court in Abuja on Tuesday refused to grant the prayers of Bamanga Tukur, the immediate past national chairman of the Peoples Democratic Party (PDP), that he should be reinstated into office to preside over affairs of the party until 2016.
In his ruling, Evoh Chukwu, the presided judge, described Tukur’s prayer as “a violent abuse of judicial process” since he validly resigned from office.
Tukur had alleged that he was forced out of office, saying his resignation contravened Sections 47(5) and (6) of the constitution of the PDP and that he did not hand over to the deputy national chairman of the party in line with the PDP constitution.
He asked the court to invalidate the appointment of Adamu Mu’azu, the incumbent chairman of the party,arguing that it violated Sections 45(1), (2) of the party constitution, Section 85(3) of the electoral act 2010 and Section 223(1) of the 1999 constitution.
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He also appealed to the court to halt the planned national convention of the PDP scheduled for December 10 and December 11 pending the outcome of the suit.
Adamson Adeboro, his counsel, filed the counter claim in response to a suit instituted by Aliyu Abuba Gurin, an aspirant of the house of representatives from Adamawa state, on November 19.
However, Chukwu set Tukur’s prayers aside after hearing arguments from parties to the matter.
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“I hold that the plaintiff has disclosed no specific interest or injury over and above other party members, lacked locus standi to institute the action and the suit is hereby dismissed in its entirety,” Chukwu ruled.
“The plaintiff is to pay damages of N100,000 each to the first, second and third defendants.”
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