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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court will on March 31 deliver judgment in a suit brought by Governor Nyesom Wike of Rivers State to stop his political platform, the People’s Democratic Party (PDP) from suspending or expelling him from the party.
Justice James Omotosho fixed judgment date after close of final submissions by counsel to parties in the case. In his submissions, counsel to Wike, Joshua Musa (SAN) argued that his client’s fundamental right to freedom of association was being breached by the threat by the respondents to suspend and subsequently expel him from the party.
In urging the court to dismiss the preliminary objection filed by the PDP and its Chairman against the suit, Musa said it was this threat that informed his client’s decision to approach the court.
The plaintiff’s counsel equally urged the court to discountenance the argument by counsel to the respondent, Johnson Usman (SAN) that Wike did not exhaust the party’s Internal mechanism.
He 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.
In addition, he prayed the court to dismiss the argument that the National Working Committee (NWC) and National Executive Council (NEC) of the PDP were not juristic person.
Responding, counsel to the respondents, Usman, argued that the case was only based on speculation, because Wike allegedly failed to provide any evidence to substantiate his claim that the respondents intended to suspend or expel him from the party.
He 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 proof this,” he said.
Usman argued that the case was within the realm of conjuncture, and that 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,” Usma said.
