A Federal High Court in Abuja on Friday struck out a suit filed by Dr Umar Ardo against the Adamawa PDP Executive Committee.
The committee conducted the party’s primary in which Gov. Murtala Nyako of Adamawa was elected.
Justice Adamu Bello, while delivering the judgment, held that the suit was an abuse of court process.
He explained that the court lacked the jurisdiction to adjudicate on the matter.
Bello stated that the plaintiff was, by law, barred from litigating on a matter that had been decided in the Adamawa High Court.
He explained that the court had taken judicial notice of the fact that the decision of the lower court was being challenged in the Appeal Court in Adamawa.
“The only option left for the plaintiff is to join the others in the appellate court since the issues raised are similar.
“The suit is hereby struck out on the grounds of lack of jurisdiction by the court; at this point, the court has become blind to the reliefs sought by the plaintiff, go back to Adamawa,’’ he added.
Ardo, the PDP’s governorship candidate in the 2007 election in the state, on Oct 19, 2010, sued the Independent National Electoral Commission (INEC), PDP and the state Chairman of the party, Mr Mijinyawa Kugama.
He alleged that the respondents violated the 1999 Constitution in the conduct of the affairs of the PDP State Executive Committee from 2007 to the time he made the allegation.
Ardo sought the declaration that INEC acted unlawfully to have recognised Kugama led Executive Committee by accepting the outcome of the party’s 2007 primary when his tenure ended in 2006.
The plaintiff added that the executive members paraded themselves as the State Executive Committee of the party without recourse to the 2006 Electoral Law.
He further averred that the INEC, having found that the appointment of the Kugama led committee existed illegally and unlawfully called for the enforcement of the party constitution and Electoral Act.
He had held that the party brushed aside the directive of the commission severally and INEC thereafter was forced to recognise the Kugama led committee as the lawful and accepted Nyako’s governorship nomination.
Ardo also sought a declaration that INEC and PDP lacked the powers under the 1999 Constitution and the 2006 Electoral Law to recognise or deal with the body.
He, therefore, prayed for an order directing PDP to conduct congresses to fill the vacant party offices at both the state and ward levels.
Ardo further prayed for an order setting aside all decisions taken by Kugama while he acted as the state chairman of the party.
He said that a perpetual injunction should be granted to restrain INEC and PDP or their agents from further recognising Kugama led committee as the lawfully constituted SEC in Adamawa.
Chief Kanu Agabi (SAN), the Counsel to Kugama, therefore, filed a motion asking the court to strike out the suit for lack of competence.