A Federal High Court in Abuja has scheduled judgment for May 31 in the suit filed by Rivers State Governor Nyesom Wike to restrain the Peoples Democratic Party (PDP) from either suspending or expelling him from the party.
Justice James Omotosho chose the date yesterday after lawyers to parties in the case made their final submissions.
Listed as respondents in the suit are: the PDP, its National Chairman, Iyorchia Ayu; its National Secretary, Senator Samuel Anyanwu; and the Independent National Electoral Commission (INEC).
Wike’ lawyer, Joshua Musa (SAN), told the court yesterday that his client’s fundamental right to freedom of association was being breached by the threat from the respondents to suspend and subsequently expel him from the party.
Musa said it was this threat that informed Wike’s decision to approach the court.
The lawyer faulted the preliminary objection raised by the PDP and its National Chairman against the suit and urged the court to dismiss it.
He also faulted the argument by lawyer to the respondent, Johnson Usman (SAN), that Wike did not exhaust the party’s internal mechanism.
Musa contended that the theory of exhaustion did not apply to issues of fundamental right, adding that the authority cited by Usman did not border on issues of fundamental right actions.
Musa also faulted Usman’s contention that the National Working Committee (NWC) and National Executive Council (NEC) of the PDP were not juristic persons.
“We submit that the Constitution recognises the organs of a political party in Section 223. So, it is strange to say that they are not juristic persons,” he said.
Musa noted that despite Usman’s claim that there was no attempt to either suspend or expelled Wike, copious allegations were made against the governor in several paragraphs of the respondents’ application.
“So, why are they approbating and reprobating? Therefore, we have a reasonable cause of action to assume that they intend to suspend or expel the applicant,” Musa said.
Usman, while responding, argued that the case was only based on speculation, saying Wike allegedly failed to provide any evidence to substantiate his claim that the respondents intended to suspend or expel him from the party.
The lawyer said the party did not contemplate suspending or expelling members of the G5 Governors or the Integrity Group.
“We have said that there is no threat to suspend the applicant and the onus is on him to prove this,” he said.
Usman argued that the case was within the realm of conjuncture, saying the court lacked the jurisdiction to entertain it.
“You must exhaust the internal mechanism of the party. And, having failed to do this, this court has no jurisdiction to hear the suit and I pray that the matter be struck out,” he said.