Akure High Court yesterday rejected an application by the embattled leadership of the Peoples Democratic Party (PDP) in Ondo State
The Omotayo Dairo-led executive had prayed the court to dismiss a suit filed against it by the Ambassador Olu Agbi-led Interim Executive, which was put in place by opposing party members on the ground that the faction has no locus standi to dissolve a properly constituted executive.
The presiding judge, Justice Olasehinde Kumuyi, who delivered the ruling declined and also threw out the application of the Dairo group seeking to stop the suit at the interlocutory stage. An ex parte order restraining Dairo’s State Working Committee (SWC) from functioning in that capacity, which also restrained it from administering the fund of the party pending the hearing of the motion on notice, had earlier been granted by the court.
Counsel to the Dairo group, Adekola Olawoye, had filed a preliminary objection against the order of the court restraining them from functioning in that capacity and prayed the court to strike out or dismiss the suit challenging their continued stay in office.
In his argument, Olawoye said that the plaintiffs have no locus standi to institute the suit and the court has no jurisdiction to entertain the suit and thereby recommended that the case be struck out.
Olawoye who further argued that the court did not have the jurisdiction to entertain the plaintiffs suit because they did not have locus standi to institute the case in the first place, said the suit was not properly constituted and therefore not competent.
The plaintiffs are neither members of the State Executive of the PDP nor authorised by the said party and its National Working Committee, (NWC) and National Executive Committee, (NEC) to institute this action for and on its behalf, he argued.
He said the suit as presently constituted disclosed no reasonable or cause of action against the defendants and the choice of the members of the PDP SEC, when and how they are elected, chosen or administered is the internal affair of the party, which is not subject to the jurisdiction of the court.
But counsels to the plaintiffs led by Mr. Stephen Olemija and Deacon Oluwafemi Balogun posited that the partys constitution applied by the counsel to the defendant is no more in existence as there is a new amended constitution of the party dated 2010 as against that of the year 2006 used by Olawoye.
In his ruling, Justice Kumuyi, who adjourned the hearing of the substantive case to June 23, 2011, affirmed jurisdiction on the suit, rejected the arguments of the Dairo-led executive and aligned with the position of the Interim Management Committee of the party.
The Omotayo Dairo-led executive had prayed the court to dismiss a suit filed against it by the Ambassador Olu Agbi-led Interim Executive, which was put in place by opposing party members on the ground that the faction has no locus standi to dissolve a properly constituted executive.
The presiding judge, Justice Olasehinde Kumuyi, who delivered the ruling declined and also threw out the application of the Dairo group seeking to stop the suit at the interlocutory stage. An ex parte order restraining Dairo’s State Working Committee (SWC) from functioning in that capacity, which also restrained it from administering the fund of the party pending the hearing of the motion on notice, had earlier been granted by the court.
Counsel to the Dairo group, Adekola Olawoye, had filed a preliminary objection against the order of the court restraining them from functioning in that capacity and prayed the court to strike out or dismiss the suit challenging their continued stay in office.
In his argument, Olawoye said that the plaintiffs have no locus standi to institute the suit and the court has no jurisdiction to entertain the suit and thereby recommended that the case be struck out.
Olawoye who further argued that the court did not have the jurisdiction to entertain the plaintiffs suit because they did not have locus standi to institute the case in the first place, said the suit was not properly constituted and therefore not competent.
The plaintiffs are neither members of the State Executive of the PDP nor authorised by the said party and its National Working Committee, (NWC) and National Executive Committee, (NEC) to institute this action for and on its behalf, he argued.
He said the suit as presently constituted disclosed no reasonable or cause of action against the defendants and the choice of the members of the PDP SEC, when and how they are elected, chosen or administered is the internal affair of the party, which is not subject to the jurisdiction of the court.
But counsels to the plaintiffs led by Mr. Stephen Olemija and Deacon Oluwafemi Balogun posited that the partys constitution applied by the counsel to the defendant is no more in existence as there is a new amended constitution of the party dated 2010 as against that of the year 2006 used by Olawoye.
In his ruling, Justice Kumuyi, who adjourned the hearing of the substantive case to June 23, 2011, affirmed jurisdiction on the suit, rejected the arguments of the Dairo-led executive and aligned with the position of the Interim Management Committee of the party.
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