The order, which was granted by Justice Binta Murtala Nyako is sequel to a suit filed by some of the members of the dissolved executive committee.
The suit with No. FHC/ABJ/CS/909/2017 has Abdulrahman Bobboi, Ziratumba Digwe, Albetha Gangkero and Shehu Baba Jacob as plaintiff.
The respondents to the suit are the Peoples Democratic party (PDP), and the Independent National Electoral Commission, INEC.
The Court order dated October 24, 2017 says that “Leave is granted to the applicant for a judicial review of the act of the 1st respondent by way of a certiorari to remove into this honourable court for the purpose of being quashed the decision made by the 1st respondent on the 11th August, 2017 dissolving the executive committee of the 1st respondent in Adamawa State led by the first applicant during the pendency of Suit No. FHC/CS/11/2016 Chief Joel Hamma Joda Madaki & 6 others Vs Senator Ali Modu Sheriff & 9 others”.
The court’s decision is based on the fact that PDP NEC took a decision on Adamawa executive despite the existence of a court matter already pending in court.
The leadership of the PDP led by Mr. Bobboi was already being challenged by the former chairman of the party in the state, Joel Madaki at a Federal High Court sitting in Yola, the state capital.
Justice Nyako, in her order therefore, asked that the suit filed by Mr. Bobboi and others should also be “remitted to the Yola Division of the Federal High Court best vested with jurisdiction” on the matter.
PDP’s NEC meeting which held at its Wadata Plaza National Secretariat Abuja had dissolved its executive committees in seven states including Adamawa, Borno, Kebbi, Kwara, Lagos, Ogun and Osun states where parallel and conflicting organs existed when both Ahmed Makarfi and Ali Sheriff were contesting the leadership of the party.
A Supreme Court judgment eventually recognized Mr. Makarfi as the leader of the PDP.
Also, a national convention of the party which held the following day, August 12, 2017 mandated the caretaker committee under Mr. Makarfi to organize congresses in those states whose executive committees were dissolved within three months.
The suit filed by Adamawa State executives have now brought to three, the number of suits filed against the decision of the 75th NEC meeting of the PDP.
The south west zonal executive and the Ogun state chapter of the party had also gone to court seeking the dissolution of the decisions taken at the NEC and non elective convention.
One of the lawyers in the firm handling the suit filed by Mr. Bobboi and others, Ahmadu Alhassan said Mr. Makarfi’s team has already been served with the court order through the office of the Special Adviser to the National Chairman on Legal Matters.
