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Ekiti PDP Congress: No Judgement Was Delivered By The Federal High Court In Respect Of The Suit Filed By The Plaintiff. ~~~ A. J Oguntuase Esq.

Ekiti PDP Congress: No Judgement Was Delivered By The Federal High Court In Respect Of The Suit Filed By The Plaintiff. ~~~ A. J Oguntuase Esq. 


No judgement was delivered by the Federal High Court in respect of the suit filed by the Plaintiff. The Court did not adjudicate over the substantive suit but only ruled on the preliminary objection and no more.

Foremost, let me set the record straight by stating clearly that the Federal High Court did not at all look into the substantive case file by the Plaintiff at all but only delivered it's ruling on the preliminary objection raised and filed by the defendants.

The Federal High Court in evaluating the issues and grounds brought before it, stated espunching virtually all the paragraphs of the Affidavit filed by the defendants and held as follows;
(1). The matter before the court involves two Federal government agencies namely INEC and IGP and held that the court has jurisdiction.
(2). The matter before the Court arouse from the disagreement between two factions of PDP with regards to the conduct and outcome of the Ward Congress conducted in Ekiti-State on the 7th March, 2020 wherein the cause of action arouse.

(3). The Court held that from the Affidavit and processes filed before it, it is evidence that the Plaintiff and those he sued on their behalf are members of PDP, obtained Nomination forms, participated in the said congress and as such, has the locus standi (right) to institute the matter before the court.

The Court later made an attempt to distinguish early court's decided cases and the exant case before it as to whether it's justiceable meaning if same is properly before it  and held that same is an intra-party affairs like a family affairs/matter and as such, there's no need of going into the substantive suit wherein the court urge patties to explore internal mechanism in settling their family/intra-party conflicts.

The Federal High Court did not dismiss any suit.

The court in itself quite agree that the Court of Appeal is there and that  parties to the suit can test waters and stated further that she is not afraid of her ruling being appealed against.

The Court err in law and facts in occasioning miscarriage of Justice thereby misleading itself by summersaulting even upon and after holding that it has jurisdiction to hear the matter filed by the Plaintiff against the defendants; a cause of action arouse, the Plaintiff has locus standi to institute the case before the Court and that the Plaintiff's complaint is that the Electoral laws and PDP Guild lines for conduct of the Ward Congress was not complied with.

No judgement was delivered in their favour. 99.9% of the issues raised in the preliminary objection were all resolved in the Plaintiff's favour but to an amazement, the court contradicted itself upon holding that the Plaintiff has the right/locus standi to institute the matter, a cause of action arouse, the Federal High Court has jurisdiction, ... and reprobate that it's a family or intra-party affairs and urge parties to settle disputes within the PDP family simplicita.

Take further notice that the Federal High Court only delivered ruling on the preliminary objection and held that it seeing no need to go into the substantive case filed by the Plaintiff.


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