Peoples Democratic Party (Pdp) & Ors. V. Alhaji Atiku Abubakar (2006)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

In the application filed before this Honourable Court on the 16/11/06, the appellants/applicants, the Peoples Democratic Party (PDP), Col. Ahmadu Ali (Rtd.) (National Chairman) and Chief Ojo Maduekwe – National Secretary prayed for:

(1) An order of this Honourable Court staying further proceedings in this suit pending the determination of the appeal filed by the appellants/applicants herein.

(2) And for such further order or orders as this Honourable Court may deem fit.

The application is predicated on eight grounds which by way of summary reveal that the appellants/applicants challenged the jurisdiction of the lower court to entertain the suit FCT/HC/CV/45/06 filed by the plaintiff, Alhaji Atiku Abubakar which preliminary objection was dismissed by the lower court on the 31st of October, 2006. The appellants/applicants filed a notice of appeal against the decision of the lower court on the 7th of November, 2006. An application to stay further proceedings in the main suit FCT/HC/CV/45/06 was argued and dismissed by the lower court on the 16th of November, 2006. In the substantive suit which was commenced by way of originating summons, the respondent sought for determination of the following questions:

(1) Whether having regard to the combined provisions of sections 36(1) and 224 of the Constitution of the Federal Republic of Nigeria, 1999 Article 2 and Article 16(a) 1(a) and (b) of the Constitution of the Peoples Democratic Party (PDP) ratified on December 10, 2005, the National Executive Committee has the power to suspend the plaintiff a member of the party for a period of three months.

(2) Whether having regard to the combined provisions of sections 36(1) and 224 of the Constitution of the Federal Republic of Nigeria and Article 16(b)(i)(ii)(iii) and (iv) of the Constitution of the PDP ratified on December 10, 2005 the plaintiff as a member of the party can be suspended for a period exceeding one month.

(3) Whether having regard to the provisions of Article 16(b)(iii) of the Constitution of PDP as ratified on December 10, 2005 and section 36(1) and section 6(c)(b) of the Constitution of the Federal Republic, 1999 the plaintiff can be said to have been given fair hearing by an authority whose attention has been drawn to a pending suit No. FHC/ABJ/CS/368/06 between Alhaji Atiku Abubakar v. Attorney-General of the Federation and nine others the subject-matter of which forms the fulcrum of the disciplinary action by the defendants.

(4) Whether having regard to the provisions of Article 16(b)(i)(ii)(iii)(iv) and Article 16(3) of the Constitution of the Peoples Democratic Party (PDP) and ratified on December 10, 2005 and sections 36(1) and 224 of the Constitution of the Federal Republic of Nigeria an organ of the party other than the National Working Committee can suspend the plaintiff.

(5) Whether having regard to the provisions of Article 16(b)(i)(ii)(iii)(iv) of the Constitution of the Peoples Democratic Party (PDP) and section 36(1) of the Constitution of the Federal Republic of Nigeria, the plaintiff was not entitled to be given an opportunity to present his case before he was suspended.

Thereafter the respondent sought seven reliefs by way of declaration, and an order setting aside the purported suspension as being illegal, unconstitutional, null and void.

However worthy of note is relief No. (viii) which reads:

“A declaration that the plaintiff is entitled to contest for any election of the 1st defendant.”

At the hearing of the application for stay of further proceedings, Chief J. K. Gadzama, SAN leading an array of learned counsel for the appellants/applicants cited the enabling laws, referred to the 20 paragraphs affidavit in support of the application and the annexure exhs. A-D.