A Federal High Court, Abuja, on Wednesday, ordered the Peoples Democratic Party (PDP) to show cause why 381 delegates elected on Feb. 4 at its ward congress should not participate in the primary scheduled for Thursday.
Justice Inyang Ekwo made the order in a ruling on the ex-parte motion moved by the plaintiffs’ counsel, Adaze Emwanta.
Justice Ekwo thereafter ordered that the defendants be served with all the court processes within two days of the order.
The News Agency of Nigeria (NAN) reports that three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued the Independent National Electoral Commission (INEC), the PDP, its national secretary and the vice chairman, south south as 1st to 4th defendants respectively.
In the ex-parte motion marked: FHC/ABJ/CS/165/2024 dated Feb. 7 but filed Feb 8, the plaintiffs sought for two orders.
These include an order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted with regard to the plan of the 2nd, 3rd and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries.of Feb. 22 in Edo.
The plaintiffs, which include Hon Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, averred that it would be in the interest of justice for their reliefs to be granted.
Upon resumed hearing on Wednesday, counsel for the plaintiffs, Emwanta, told the court that all efforts to effect the service on the 2nd, 3rd and 4th defendants were unsuccessful.
He said though INEC was served on Monday, the other three defendants evaded service.
He, therefore, said that a motion for substituted service on the PDP and others had been filed.
He said a party seeking to be joined in the suit also served their application on him earlier in the day.
The lawyer said since there was no opposition to their motion for substituted service, he moved in terms of the application.
He said their sole prayer was to serve them by pasting the processes at the PDP headquarters.
Justice Ekwo, who granted the application, ordered that the service be effected within two days.
The judge then asked INEC’s lawyer, Hassan Aminu, if they had filed any application but he responded in the negative.
He said though they were served on Feb. 20, they did not file any process because “we have no issue with the order.”
The judge adjourned the matter until Feb. 28 for the PDP, its national secretary and vice chairman (south south) to show cause why the reliefs should not be granted.
(NAN)
