Posted by By GODWIN TSA Abuja on
The People's Democratic Party (PDP) has acussed Justice Mudashiru Oniyangi of bias in his ruling dismissing its preliminary objection to the suit filed by Vice-President Atiku Abubakar challenging his suspension from the party.
• Heads for Appeal Court
The People's Democratic Party (PDP) has acussed Justice Mudashiru Oniyangi of bias in his ruling dismissing its preliminary objection to the suit filed by Vice-President Atiku Abubakar challenging his suspension from the party.
Consequently, the party has through its counsel, Chief Afe Babalola (SAN) approached the Court of Appeal to set aside the ruling of the trial court.
In the appeal which is rooted on 12 grounds, the party accused the judge of bias and asked the court to strike out the vice-president's case or in the alternative, the appellate court should remit the case back to the Abuja High Court for another judge to hear it.
PDP is contesting that the trial judge was wrong to have assumed jurisdiction in an issue that bordered on the internal affairs of a political party.
In addition, the party is contending that the dispute between a political party and its members has nothing to do with the Constitution of Nigeria, stressing that it was not the duty of the court to run the affairs of a political party.
According to PDP, having subscribed to the membership of the party, Atiku was bound by the provisions of the party's constitution.
The party therefore accused the trial judge of prejudice for holding that the issue before the court was whether it was not subjudice to suspend Atiku from the party when he (Atiku) had already filed a suit before another court on a related matter.
According to the party, the grounds for the suspension of Atiku from the party were totally different from the issues raised in another case filed by the vice-president.
The party said, 'had the judge adverted his minds to the reasons for the suspension which include anti party activities, the court would have come to the irresistible conclusion that the suspension alleged had nothing to do with the matters pending in the suit NO. FHC/ABJ/CS/368/2006."
Ground 8 of the appeal reads, 'the judge erred in law when he held that the complaint of the plaintiff is against the highest body of the party by leaving him with no other body to complain to as envisaged by the constitution and thereby making a recourse to court inevitable."
The party argued that the organ that took the decision against the plaintiff is the National Working Committee of the party because there are several other organs above the National Working Committee of the party such as the National Executive Committee and the National Convention.
The party also disagreed with the decision of the trial judge that section 308 of the 1999 constitution did not stop Atiku from suing in his name adding that the judge failed to look at the historical antecedent of section 308 of the constitution before he interpreted the section.
ENDS.