Court orders accelerated hearing of suit over Niger PDP Gov primaries

A Federal High Court in Abuja, on Monday, ordered accelerated hearing in the suit instituted by a governorship aspirant under the platform of the Peoples Democratic Party (PDP) challenging the results of the party's recently -held governorship primaries in Niger State.

In a ruling on Monday, on a motion for an interlocutory injunction filed by the plaintiff, Mr Mu'azu Hanafi Sudan, to restrain the PDP from submitting the name of Alhaji Umar Nasko to the Independent National Electoral Commission (INEC) as governorship candidate for Niger State, the court held that since time was of essence in the matter, it would order for an accelerated hearing of the case.

The presiding judge, Justice Ahmed Ramat Mohammed, held that the court could not grant the plaintiff's requests without delving into the main issues that were for consideration.

Justice Mohammed said: "The court should refrain from making positive pronouncements that touch on the substantive suit because it prejudges the real matter in controversy" and consequently, he declined Sudan's application.

"Based on the above reasoning, I am unable to grant the prayers contained in the plaintiff's motion for order of interlocutory injunction.

"The plaintiff's motion dated December 12, 2014, for an order of interlocutory injunction is hereby refused", Justice Mohammed declared.

He ordered the defendants to file all necessary papers within a week, and adjourned the matter till January 8, 2015 for hearing.

The judge had summoned the PDP last Monday to appear to show cause why it should not be restrained from submitting the name of Alhaji Umar Nasko as governorship candidate for Niger State.

Those joined in the suit are: PDP National Chairman Ahmadu Adamu Mu'azu, National Secretary Prof Wole Oladipo and the Independant National Electoral Commission (INEC).

Arguing the application earlier, counsel to the plaintiff, Chukwuma Ekomaru (SAN) had told the court that the voting by PDP delegates at the Idris Legbo Kutigi International Conference Centre, Minna contravened Article 19 (1) of the PDP Electoral Guidelines and Section 87 (8) of the Electoral Act, 2010.

He contended that the defendants in their counter affidavit admitted that a single agent of the party purportedly wrote names of delegates and casted votes on their behalf, contrary to the provisions of the act.Ekomaru said: "My lord it is only when there is a breach in guidelines for primaries that an aspirant can come to court, otherwise the sponsorship of a political party is an internal affair of a political party.

"He urged the court to by virtue of Section 199 of the Evidence Act request the defendants to produce "all the illiterates they helped to write their names during the primaries".

But in his counter affidavit, defence counsel Olajide Ayodele (SAN) challenged the mode of filing the action, saying it ought to have been brought by originating summons.

He prayed the court to order for accelerated hearing by inviting witnesses to testify in the matter.

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