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Jos High Court struck out petition to stop congresses slated for 12 August

by Christiana Gokyo, Jos

A petition brought before a Jos High Court by a Hon. Britus Kaze-led faction to stop the Plateau State People’s Democratic Party (PDP) from conducting congresses of the party slated for 12th August, 2020, has been struck out.

The presiding judge, Justice Gang, said his present ruling cannot contradict his earlier one; as such, doing so will be tantamount to going back to lick his vomit. Consequently, he ruled that the People’s Democratic Party (PDP) congresses to elect it officials slated for 12th August, 2020, stands and to hold as scheduled.

During the court session, counsel to the 1st defendant the People’s Democratic Party (PDP), Barrister Derong, noted that “The matter is slated for hearing on the motion on notice filed by the complainant to stop the conduct of the party’s state congresses.

“The plaintiff erred in law by serving the defendant with the wrong address that is conspicuously known and available to the party, which makes the plaintiff’s application null and void, of no effect as far as this matter is concerned,” Barrister Derong stated.

He argued that, the 1st defendant (PDP) cannot just be served with any application anywhere expect at its headquarters at Wadata Plaza in Abuja, and appealed to the court to strike out the application brought before it by the plaintiff “largely due to lacking in merits and wrongly served.”

In his quick reaction, the counsel to the plaintiffs, Barrister M. Abdullahi, argued that the services of the application should not be the base of striking out the application for motion on notice.

Barrister Abdullahi stressed that effecting the services of the application, whether at the state party’s secretariat in Jos, remained the same thing as People’s Democratic Party.

Speaking to journalists shortly after the ruling, the counsel to the first defendant, Barrister Derong, thanked the judge, Justice Gang, “for exhibiting wisdom like that of Biblical King Solomon, for the interest of justice.”

In his response, Hon. Britus Kaze, who is leader of the plaintiff, said, “Yes; actually the court has ruled that the congresses of the party should be held on the scheduled date, which our application seeks to stop. However, the judgment had been passed and there is nothing that can be done about it now as it stands.”

He added that they are going back as groups of plaintiff and to discuss the next line of action.

It would be recalled that the tenure of the caretaker committee of the party ends on the 10th August, 2020, while the congresses of the party is slated to hold on the 12th August, 2020, which makes the plaintiff to approach the court to stop the election so that the present caretaker committee, led by Yakubu Chocho, will step down and allow neutral umpire to conduct the congress as some of the caretaker committee are also aspirants, including the chairman, Yakubu Chocho. Meanwhile, the case
has been adjourned to 31st August, 2020, for hearing.

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