PLATEAU: SUIT NO: FHC/J/CS/03/2024: PDP VS INEC AND 18 OTHERS: DISMISS PDP’S ORIGINATING SUMMONS, DEFENDANTS URGE FHC

 

 

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 26^th 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 26^th of February 2024, because the Court could not sit owing to the absence of the Judge.

The Suit has been adjourned to 12^th 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.