Chief Judge of Enugu State, Justice Innocent Umezuruike has fixed November 28, for ruling on a motion asking him to dismiss and strike out a suit filed by Mr. Charles Okafor and others demanding the cancellation of the November 1, ward congresses of the Peoples Democratic Party (PDP) in Enugu State.
The application for dismissal of the suit was made by Chief Alex Izinyon, SAN, the counsel to first defendant, the PDP, who based his argument on the fact that the court lacks jurisdiction to entertain the suit, which he said, was an abuse of court process and that his clients, PDP, was not properly served.
Izinyon who led a team of lawyers including, Emeka Etiaba, Obinna Nanka and M.O. Fagbemi, posited that a similar suit filed by Chinenye Orji, Cletus Akalusi and Orji C. Orji on behalf of themselves and other delegates elected on November 1, ward congress in Enugu State, exists at Federal High Court, Abuja.
He said that the Abuja Federal High Court had earlier granted two injunctions, first, restraining PDP from tampering with the result of the November 1, ward congress and or conducting a fresh ward congress in Enugu State, and also another injunction restraining Mr. Ikeje Asogwa from parading himself as chairman of the party in Enugu State as Elder David Aja remained the acting chairman of the party following the resignation of the former chairman, Engr. Vita Abba.
Charles Okafor and others had approached the Enugu Chief Judge’s Court challenging the validity of ward congress of the PDP insisting that no ward congress took place in the state on November 1.
But Iziynon yesterday argued in the 38 paragraph motion and three exhibits, including certified copy of the result of the ward congress of the PDP conducted in Enugu State on November 1, that there was a ward congress of the party on the said date and that already some delegates elected at the congress had earlier approached an Abuja Federal High Court demanding that nobody should tamper with the list of delegates elected at the congress.
The counsel to second set of defendants (Chinenye Orji, Cletus Akalusi and Orji C. Orji), Tagbo Ike, accompanied by other lawyers concurred with the submission of Izinyon, adding that the matter was an intra-party one which the court has no jurisdiction to entertain.
But the counsel to the plaintiff, Sam Orji who cited several authorities argued that the suit was not an abuse of court process and urged the court to rather strike out the motion.
Justice Umezuruike fixed ruling on jurisdiction for November 28.
