The Federal High Court sitting in Abeokuta, on Friday, dismissed the suit of Mr Samson Bamgbose challenging his suspension as the Chairman of the People’s Democratic Party in Ogun State.
Bamgbose and five others were on the 9th of November, 2020, suspended as members of the State Working Committee and State Executive Committee of the PDP over anti-party activities.
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Bamgbose and others had approached the court in Suit No. FHC/AB/CS/112/2020 seeking to have their suspension upturned.
He sued some loyalists of a former governorship candidate of the party, late Senator Buruji Kashami – Dr Remilekun Bakare, Mr Adeleke Shittu, Mr Boladale Sanni, PDP, the Inspector-General of Police and the Independent National Electoral Commission (INEC).
The defendants through the counsel, Mrs Ifeoma Esom of TRLP Law, filed a Notice of Preliminary Objection, asking the court to dismiss the suit for lack of jurisdiction because the suit relates to internal affairs of the PDP.
They also contended that Bamgbose and his cohorts, having been suspended, lack the locus standi to institute the action on behalf of the Ogun State Executive Committee of the PDP.
Ruling on the Notice of Preliminary Objection on Friday, the trial judge, Hon. Justice Joyce Obehi Andulmalik, agreed with the defendants that it lacks the jurisdiction to entertain the suit, as the original jurisdiction of the Federal High Court is clearly stated in Section 251 of the 1999 Constitution.
The court held that in determining whether or not a court has jurisdiction, reliance is placed on the claims of the plaintiffs and the affidavit in support of same, adding that upon a careful perusal of the originating summons and affidavit in support of it, it was clear that the suit relates to the intra-party tussle between two factions of the PDP following the suspension of Bamgbose and others.
“Consequently, I have no restraint in holding that the suit is not justiciable…The 5th (INEC) and 6th (IGP) defendants were added as a decoy to deceive the court,” it was held.
The court further declared that the fact that the plaintiffs filed the action against the 4th respondent (PDP) showed that they are not representing the interest of the party in the state.
Consequently, the court dismissed the suit and awarded a total cost of N10 million against Bamgbose at N2 million each in favour of the five defendants.
