A Makurdi high court judge, Justice Adam Onum, today struck out the suit filed by the People’s Democratic Party PDP against Benue State House of Assembly and three others challenging the defection of Mr. Nick Eworo from PDP to APC for lack of jurisdiction.
The court described the case as an academic exercise.
Ruling on the preliminary objection against the suit filed by Professor Tony Ijohor appearing with Mrs. Nguavese Ikyaagba Justice Onum stated that the PDP has no locus standi to challenge the Benue State House of Assembly’s actions with relationship to the appointments of principal officers by virtue of section six sub section four of the standing rules of the Assembly.
Justice Onum who said the court has no jurisdiction over issues of membership of a political party added that the plaintiff did not disclose any cause of action against the defendants
Besides, Justice Onum said, by law no one can force any person to join a political party.
“I see profound merit in the objection to the competence of the suit and I so enter an order hereby striking it out in its entirety,” Justice Onum stated.
He noted that APC which is a necessary party has not been joined as a defendant in the suit by the PDP and accordingly struck all the reliefs sought which touch on the interest of the APC.
The PDP was represented by its counsel Mr. George Usongo.
Counsel for defendant professor Tony Ijohor SAN described the judgment as the rule of law in action.
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