Following the ruling of the High Court of the Federal Capital Territory (FCT) that voided the appointment of Uche Secondus as acting chairman of the People’s Democratic Party, the PDP has gone to the Appeal Court seeking to reverse the order.
Justice Hussein Baba-Yusuf had, while ruling in a suit by ex-President Goodluck Jonathan’s Political Adviser Ahmed Gulak, held that Secondus occupied the seat illegally.
The judge noted that Secondus was from Rivers State and not Northeast, to which the PDP zoned the position and ordered Secondus to vacate the seat within 14 days.
In the notice of appeal filed for PDP and Secondus yesterday at the Court of Appeal, Abuja, by their lawyer, Emeka Etiaba (SAN), the appellants urged the court to set aside the judgment and strike out the suit.
They contended that the judge erred in law and that his decision “occasioned a miscarriage of justice against the appellants” when he held that the preliminary objection by his client was incompetent.
They faulted the judgment finding the objection incompetent because the party and Secondus did not file defence to the suit before or with the preliminary objection.
They equally argued that the judge was wrong to have held that the objection by his clients was akin demurrer, which he argued had been abolished.
The appellant identified some errors in the second ground of appeal: “The subject matter of the suit relates to matters that border on the internal affairs of a political party for which a court lacks jurisdiction.
“The suit of the plaintiff is incompetent for failure to pursue and exhaust remedies available to him within the constitution and guidelines of the 1st defendant (PDP).
“The judge’s finding that the plaintiff, whose right had been violated by the party cannot bring his case to the same violator, is one made in grave error.
“The judge found that the plaintiff (Gulak) had locus standi to bring the action even as an ordinary member of the 1st defendant (PDP).”
The PDP and Secondus contended that Gulak last paid his subscription in the fourth quarter of 2009 contrary to the party’s constitution in Section 8(15) “that any member who fails to renew his membership by payment of the annual subscription within six months after the due date shall cease to enjoy the rights and privileges of membership and if in default for 12 months shall cease to be a member of the party.”
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