By: Amb.
Valentine Adese (JP),
The Defendants
in Suit No: FHC/J/CS/03/2024, filed by the Plateau State chapter of the Peoples’
Democratic Party (PDP) have urged the Federal High Court (FHC) hearing the
matter to dismiss the suit because the Court lacks the Jurisdiction to hear it.
The Defendants,
who stated this as part of the reliefs they are seeking in their Notice of
Preliminary Objection (PO), dated 26th February 2024, in reply to
the Originating Summons (OS) are also praying the Court for an Order compelling
the Speaker of the Plateau State House of Assembly and the Plateau State House
of Assembly to administer the Oath of Office on the Defendants.
According to the
PO, the grounds upon which the Objection is predicated are but not limited to
the below:-
1.
The
Court Lacks Jurisdiction to determine questions arising from the election
petition judgment.
2.
The
Federal High Court (FHC) lacks jurisdiction to interpret the Judgment of
Superior Courts.
3.
The
Federal High Court has no jurisdiction to review or overrule the decision of
the Court of Appeal.
4.
The Jurisdiction of the FHC by section 251 of
the Constitution does not extend to the determination of any of the questions
posed for determination in this suit.
5.
The
FHC has no jurisdiction over any of the Defendants, having regard to the
reliefs claimed by the Plaintiff.
6.
The
Plaintiff lacks the Locus Standi to maintain this Action.
7.
The
Plaintiff’s suit is statute-barred, as the questions and reliefs claimed in the
Originating Summons are based on Election Disputes, can only be heard and
determined within 180 days from the date of the declaration of the result of
the election and 60 days from the date of the decision of the National and
State Houses of Assembly Tribunal.
8.
This
Suit is Academic and Speculative.
9.
Among
others…
You would recall
that REALITY had reported that the hearing of Suit No: FHC/J/CS/03/24, filed by
the Peoples’ Democratic Party (PDP) against the Independent National Electoral
Commission (INEC) and 18 others was stalled on Monday, the 26th of
February 2024, because the Court could not sit owing to the absence of the
Judge.
The Suit has
been adjourned to 12th March 2024.
Apart from INEC,
other Defendants on the face of
the process
are:
1.
SPEAKER, PLATEAU STATE HOUSE OF ASSEMBLY
2.
PLATEAU
STATE HOUSE OF ASSEMBLY
3.
DAGOGOT
KARYIT OWEN
4.
MAIYAKI
THEODORE BALA
5.
NIMCHAK
ABEL NANSAK
6.
DANIEL
NANBOL LISTICK
7.
BENDEL
NANCWAT
8.
NAANLONG
DANIEL
9.
LAVEN
DENTY JACOB
10.
ADAMU
ABDUL YANGA
11.
KWARPPO
MATHEW SYLVANUS
12.
YUSUF
DICKSON CHOLLOM
13.
WALLANGKO
SYLVESTER IBRAHIM
14.
DACHUNG
MOSESDADON
15.
DALYOP
ISAAC GYANG
16.
ELI
BAKO ANKALA
17.
SUNDAY
MARKNA’AH
18.
SANDA
YAKUBU YACKSON
REALITY had also
reported that, before the Adjourned date was agreed upon, the Defendants had
filed a Counter Affidavit in Opposition to the Originating Summons (OS).
Speaking to
REALITY, the Counsel to the Defendants at the Court premises said, they were
only able to file the Counter now because the Plaintiff had only served them
the Originating Summons a day before by substituted service by pasting it on
the wall.
