Former National Chairman of the
Peoples Democratic Party, Alhaji
Bamanga Tukur, whose bid to return to
office 10 months after his resignation
was dismissed by a Federal High
Court in Abuja, on Tuesday, has said
he would appeal against the court’s
judgment.
Speaking through his lawyer, Mr.
Adeboro Adamson, on Wednesday,
Tukur told journalists that the notice of
appeal would be filed in the Court of
Appeal, Abuja on Thursday.
Tukur had asked the Federal High
Court to declare his resignation on
January 15, 2014 as null and void as
same flouted the provisions of the
constitution which required that a 30-
day pre-resignation notice must be
given to the National Executive
Committee of the party.
He had also asked the court to void
the appointment of the incumbent
National Chairman of the party, Alhaji
Adamu Mu’azu, on the grounds that
his appointment flouted the provisions
of Section 45(1) and (2) of the party’s
constitution, which makes it
mandatory for the party’s chairman to
emerge at a national convention.
He also urged the court to reinstate
him to his office.
He sought these prayers in a counter-
claim which he filed in response to the
main suit instituted by a member of
the PDP in Adamawa State, Aliyu
Gurin.
Justice Evoh Chukwu on Tuesday
dismissed both the main suit and
Tukur’s counter-claim for being an
abuse of court process.
Tukur’s lawyer, while indicating his
client’s intention to appeal against the
court’s ruling on Wednesday, also
debunked reports that he was the one
who instituted the suit.
“My client, Bamanga Tukur, was not
the plaintiff in the suit filed to oust
Adamu Mu’azu. As a matter of fact, he
was joined as 2nd defendant in the
suit,” Adamson said.
But he said he would contest the
conclusion of the judge who had held
that the counter-claim by his client
who was a defendant in the suit was
not recognised in law.
Justice Chukwu had dismissed the
counter-claim on the grounds that it
was supporting the case of the plaintiff
and ran contrary to the stance of other
defendants in the suit.
Gurin, through his counsel, Lilian
Ojimma, had on Wednesday filed an
appeal agianst the judgment.
In the appeal, he wants the court to set
aside the judgment and rule that
Mu’azu’s appointment as the national
chairman of the party was illegal.
The appellant also faulted the
judgment on the grounds that Justice
Chukwu erred when he held that he
(appellant) lacked the locus standi to
institute the action.
He wants the court to rule that the
lower court erred when he held that
the PDP complied with the provision of
the party’s constitution without
making a pronouncement on whether
the 30 days notice required under
Section 47(5) of the PDP constitution
was discretionary.
He contented that the court was wrong
in its judgment when it held that the
appointment of Mu’azu complied with
the PDP Constitution but failed to
consider the provision of section 85(3)
of the Elctoral Act and Section 223(1)
of the Constitution which expressly
provide election rather than
appointment.
No date has been fixed for the hearing
of the appeal.
Peoples Democratic Party, Alhaji
Bamanga Tukur, whose bid to return to
office 10 months after his resignation
was dismissed by a Federal High
Court in Abuja, on Tuesday, has said
he would appeal against the court’s
judgment.
Speaking through his lawyer, Mr.
Adeboro Adamson, on Wednesday,
Tukur told journalists that the notice of
appeal would be filed in the Court of
Appeal, Abuja on Thursday.
Tukur had asked the Federal High
Court to declare his resignation on
January 15, 2014 as null and void as
same flouted the provisions of the
constitution which required that a 30-
day pre-resignation notice must be
given to the National Executive
Committee of the party.
He had also asked the court to void
the appointment of the incumbent
National Chairman of the party, Alhaji
Adamu Mu’azu, on the grounds that
his appointment flouted the provisions
of Section 45(1) and (2) of the party’s
constitution, which makes it
mandatory for the party’s chairman to
emerge at a national convention.
He also urged the court to reinstate
him to his office.
He sought these prayers in a counter-
claim which he filed in response to the
main suit instituted by a member of
the PDP in Adamawa State, Aliyu
Gurin.
Justice Evoh Chukwu on Tuesday
dismissed both the main suit and
Tukur’s counter-claim for being an
abuse of court process.
Tukur’s lawyer, while indicating his
client’s intention to appeal against the
court’s ruling on Wednesday, also
debunked reports that he was the one
who instituted the suit.
“My client, Bamanga Tukur, was not
the plaintiff in the suit filed to oust
Adamu Mu’azu. As a matter of fact, he
was joined as 2nd defendant in the
suit,” Adamson said.
But he said he would contest the
conclusion of the judge who had held
that the counter-claim by his client
who was a defendant in the suit was
not recognised in law.
Justice Chukwu had dismissed the
counter-claim on the grounds that it
was supporting the case of the plaintiff
and ran contrary to the stance of other
defendants in the suit.
Gurin, through his counsel, Lilian
Ojimma, had on Wednesday filed an
appeal agianst the judgment.
In the appeal, he wants the court to set
aside the judgment and rule that
Mu’azu’s appointment as the national
chairman of the party was illegal.
The appellant also faulted the
judgment on the grounds that Justice
Chukwu erred when he held that he
(appellant) lacked the locus standi to
institute the action.
He wants the court to rule that the
lower court erred when he held that
the PDP complied with the provision of
the party’s constitution without
making a pronouncement on whether
the 30 days notice required under
Section 47(5) of the PDP constitution
was discretionary.
He contented that the court was wrong
in its judgment when it held that the
appointment of Mu’azu complied with
the PDP Constitution but failed to
consider the provision of section 85(3)
of the Elctoral Act and Section 223(1)
of the Constitution which expressly
provide election rather than
appointment.
No date has been fixed for the hearing
of the appeal.
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