Yakubu Busari
Fallout of PDP Primary in Plateau State, Honourable Justice Shashet of the Plateau State High Court, sitting in Jos Division has, on Monday, adjourned until 1st Day of November 2024, in a Pre-Election Matter Instituted by Yilyap Kenneth challenging Peoples Democratic Party (PDP) , Hon. Kemi Nshe and Plateau State Independent Electoral Commission ( PLASIEC).
The second suit was that of Riyom Local Government Council between Kim Titus Danja Vs PDP ,Hon.Sati Shuwa and PLASIEC before the State High Court.
Counsel to the Claimants, Gyang Zi the Senior Advocate of Nigeria ,(SAN) with R.T Yilwadat ,ESQ,,G.T Gontur ,ESQ,told the court that the suit is challenging the credibility of the Peoples Democratic Party (PDP) Local Government Council primary election in Shendam and Riyom LGAs respectively.
Mr Zi said, the matter has to do with the pre-election which all parties were duly served but they’re yet to file their responses so we cannot force them due to the overriding position of the court to entertain.
Meanwhile, the 3rd defendant’s counsel Mr. Sabo Longji, the director of civil litigation, at Plateau State Ministry of Justice says, they are not ready to proceed because of the mix from the bailiff service which was on the 19th Day of October 2024 and the legal officer in charge of PLASIEC couldn’t officially communicate him until 7 pm yesterday and he got the notice for the appearance.
According to him, the 3rd defendant’s counsel was just served on the 23rd of October, 2024, as he pleaded for an out-of-court settlement and admitted that there were lapses on PDP, as the legal adviser informed him late.
Sabo Longji pleaded for the shortest date asking for five days for them to ensure out-of-court settlement.
The adjournment came following the 3rd defendant’s lead counsel plead to enable them to respond to the originating summon earlier served on them.
Justice Shashet said the court would sit on 1st November 2024 for a speedy hearing in the case but also advised parties to consider the option of out of court.
He said the court adjourned the matter for the application filed by the counsel to the defendants to study the case file.
Speaking to our medium after the adjournment, counsel to the plaintiffs, Gyang Zi , SAN, said they were ready to continue with the hearing of the case, even though the counsel to the defendants insisted on the adjournment.
He said that the matter was slated for proceeding with the matter but the 2nd and 3rd defendants were not properly served because of it the court adjourned to 1st November for a hearing and by then the 1st defendant’s counsel might put an appearance in court.
Gyang Zi explained further that they are still within the sixth months of completing the pre-election matter conducted by the PDP were the aggrieved candidates in Shendam and Riyom LGAs are dissatisfied with the outcome of the primary .
Two PDP aspirants who are plaintiffs in the suit,Mr Yilyap Kenneth, and Titus Danja , seek the primary election’s nullification over alleged irregularities.
The Senior Advocate of Nigeria,told the court that the matter came through an originating summon dated 28/08/2024 and filed on the same date the originating summon sought the determination of four questions 9 reliefs sought, and content in the originating summon supported by 28 paragraphs of affidavit, and exhibits marked A-H.
He stressed that he placed reliance on the affidavit including all the exhibits and a written address where he adopted the same as his submission in the suit.
Zi disclosed that there is no counter affidavit on the originating summon so he urged the court to enter judgment in his favour as the claimant.
