5TH AUGUST, 2021: THE CENTER FOR ADUMBRATIONS IN SUIT PLD/J/249/2021, BETWEEN PDP AND PLASIEC, IN COURT

By: Valentine Adese (JP),

The Originating Summons filed by the Plateau State chapter of the Peoples Democratic Party (PDP) challenging the alleged refusal of PLASIEC to accept the list of its candidates and also the alleged refusal to issue Nomination Forms to its candidates would hopefully be heard on the 5^th of August, 2021, being this week.

From the documents already filed and before the Plateau State High Court, the parties would be arguing if the Court can assume jurisdiction in the matter.

Already, from the processes filed so far, PLASIEC has raised a Preliminary Objecting to the Application/Motion of the PDP filed on the 6^th July, 2021.

The grounds of the Objection are that:

1. Proper and necessary parties are not before the Honourable Court, for just and effective determination of the Suit filed by the PDP.
2. That, the PDP’s suit filed on the 6^th of July, 2021, is grossly incompetent for want of proper and necessary parties.
3. That the Honourable Court lacks the jurisdiction to hear and determine the PDP’s suit for want of proper and necessary parties and for want of jurisdiction.

Although REALITY is yet to receive the Responds of the PDP (Respondent) to the Objection raised, PLASIEC in its Supporting Affidavit in Support of its Preliminary Objection (PO), filed on the 23^rd of July, 2021, deposed to by one Ponfa Jacob Miner Esq, PLASIEC stated that:-

“The reliefs the respondent is seeking are for the benefit of the respondent and its respective candidates, who allegedly won the primaries election conducted for the offices of Chairman and Councillors in all the 17 Local Government Areas of Plateau State.

“The outcome of this suit will affect the rights of the respondents, one way or the other.

“The respondent’s candidates are necessary parties to this suit.

“The respective respondent’s candidates who allegedly won the various primaries in a bid to contest the election for the various seats of Chairmen and Councilors of the Local governments in Plateau State to be held on the 9^th day of October, 2021, are not parties to this instant suit.

“Proper parties in the respondent’s suit are not before the Honorable Court.

“This Hounarable court lacks the competence to hear and determine the respondent’s suit for want of proper parties and jurisdiction.

“it will be in the interest of justice that this Notice of Preliminary Objection is determined in favour of the objector and against the Respondent”.

You would however recall that, in the suit No. PLD/J/249/2021, filed by E. G. Pwajok (SAN) with S. G. Odey (Esq) leader 5 Lawyers, for the PDP (Claimant), the Supporting Affidavit, deposed to by on Pam Gyang Davou, the Organizing Secretary of the Caretaker Committee of the PDP stated in part as follows:-

1. That the claimant is an opposition party, many of whose members are poor and can barely afford to pay ther membership dues, which the claimant relies on to stay afloat to pay the exorbitant fees being charged by the defendant.
2. That the claimant and its candidates have a right to contest the election without any financial impediments.
3. I know that presently, only candidates of the ruling All Progressives Congress have been able to pay the nomination fees and administrative charges imposed by the defendant, a situation, which is capable of foisting a one party state on the people of Plateau State.
4. That the Defendant is not a revenue generating agency or organ of Plateau State Government.
5. That the action of the Defendant has raised tension in Plateau State as reported by the Nation of 27^th June, 2021, at page 38 thereof captioned as “tension as Plateau PDP raises the alarm over plans to exclude it from polls’.
6. That the right to vote and be voted for in an election is a constitutional right and is well entrenched in the Nigerian constitution and African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004.