Plateau State High Court presiding over the suit filed by the former member representing Jos East /Jos South in the National Assembly, Bitrus Kaze and 12 others, has refused to grant an oral application restraining the Peoples Democratic Party (PDP) and other defendants from conducting the State Congress of the party, slated for Wednesday, 12th of August, 2020.
The Court in its Bench Ruling delivered by Justice A.S Gang, held that it cannot give a restraining Order without listening to the motion before it first.
The court also agreed with the motion of the defendants that, the plaintiffs cannot serve an artificial personality by way of substituted serve and can not sit over its own ruling or order, as that would mean sitting on appeal over itself.
Counsel to the plaintiffs, Barrister Munir Abdullahi Barau told the court that the matter was slated for hearing, however, they have effected service on the defendants in their respective offices and they have responded by preliminary objections, with counter-affidavit and motion on notice.
According to the plaintiffs’ counsel, the first defendant, the PDP is planning towards a congress on the 12th of August, which is the subject of the dispute.
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The court futher explains that it can’t make a statement and at the same time swallow it back, but maintains that the prayers seeking an order to stop congresses in Plateau state on Wednesday, can’t scale through, so the court ordered for the defendants to proceeds with their earlier scheduled congress.
Reacting to the ruling, the lead counsel for the defendants, Niri Darong said, the court did the proper thing, because the court had made an order and therefore cannot be seen sitting on an appeal on its decision.
(Editor: Ifeanyi Mark)
