The Plateau state high court presided over by Justice A.S. Gang on Monday has said, the court can’t grant the plaintiff, Applicants an interim injunction stopping, Ag Chairman Hon Yakubu Chocho from conducting state congresses scheduled to hold on the 12th August 2020.
The judge while ruling on the motion of notice and interim injunction seeking by the former Member representing Jos South, Jos East Federal Constituency, Hon Bitrus Kaze, Hon Aminu Zang, Hon Emmanuel Macham and others challenging the People Democratic Party, PDP, as first defendant, Hon Yakubu Chocho and 26 others was dismissed by the court.
The defendant’s counsel, Barr Niri Darong argued that the petitioners substituted service should be rendered useless due to the fact that the plaintiffs’ counsel couldn’t effect proper service on the first defendant,(PDP).
Justice S.Gang says. I have listened to the plaintiff’s counsel submission and the defendant’s counsel on the interim injunction and order of the court to direct motion pending the determination of the plaintiff’s originating surmount.
The court explained its position that it can’t make a statement and at the same time swallow it back but maintain that the prayers seeking an order to stop congresses in Plateau state on Wednesday can’t scale through so the court order for the defendants to proceeds with their earlier scheduled Congress.
The counsel to the plaintiffs, Barr Munir Abdullahi Barau told the court that the matter was slated for hearing, however, they have effect service on the defendants in their respective offices and they have responded by preliminary objections with counter-affidavit and motion on notice.
While counsel to the defendants is now seeking for an adjournment to enable them a response on point of law, adding, the plaintiffs’ counsel equally filed his counter-affidavit and preliminary objections so by the rules they’re entitled to additional days to respond, he explained.
According to the plaintiffs’ counsel, the first defendant PDP is planning towards Congress on the 12th August 2020 which is the subject of the dispute and my Lord, we urge them to maintain position until the determination of the suit filed.
Barr Niri Darong argued that no notice was served on his client PDP who is the first defendant and that has already rendered their application invalid because of the pre-notice of the plaintiffs’ motion on notice purported service seeking the court order ineffective.
He stressed that the issue of the party can’t be served by substituting order, it must be done in the Secretariat, even though the 2nd,3rd to 21st and 25th were served but no signature from the defendants.
He said the plaintiffs have committed a blunder by not following the address of the first defendant ( PDP) instance Wadata Plaza, the diverted to Gaza Plaza for service.
This medium gathered that the two factional leaders the immediate past PDP, Gubernatorial candidate, Sen. Jeremiah Timbut Useni, Former Deputy Senate President, Sen Ibrahim Nasiru Mantu, and the Embattled Former Chairman of PDP Hon Damishi Sango were defeated by the Former Governor Jonah David Jang, Sen. Istisfanus Gyang, Hon Beni Butmak Lar, and Yakubu Chocho led the group.
It was revealed that all the stakeholders of PDP in Plateau state stormed National Chairman office, Hon Uche Secondus lobbying to gain control of the party structure.