A Federal High Court in Abuja on Friday fixed Feb. 21 for adoption of PDPâ€™s originating summons and for ruling on the preliminary objections raised by counsel to parties in the suit.
The News Agency of Nigeria NAN) reports that the PDP had, via an originating summons, brought the suit seeking to stop any leadership change in the House of Representatives.
Justice Adeniyi Ademola adjourned the case after hearing the reply of PDPâ€™s counsel, Mr Yunus Usman (SAN) to the preliminary objection of the defence counsel challenging the courtâ€™s jurisdiction to hear the case.
Messrs Mahmoud Magaji, Sebastian Hon, Niyi Akintola, Jibrin Okutepa and James Ocholi, all Senior Advocates and defendantsâ€™ counsel, had earlier, separately argued that the court lacked jurisdiction to entertain the suit.
They had urged the court to dismiss the suit for lack of jurisdiction and lack of locus standi.
At the resumed hearing on Friday, Usman, in his reply, urged the court to strike out the application brought by the defence counsel .
He argued that the counselâ€™s application was an abuse of court process, lacked merit and was tantamount to duplication of court processâ€™
Usman added that Ocholi had filed a similar application for the same defendants on the same date which was pending before Justice Ahmed Mohammed in a court of equal jurisdiction.
â€œThe law is that no party is allowed to pursue two applications simultaneously and in such situations both applications must be struck out,â€™â€™ he said.
Usman further urged the court to discountenance Ocholiâ€™s opposition to the PDPâ€™s process which came by way of an originating summons.
â€œIt is our humble submission that there is a real threat by the defendants which is to change the House leadership against PDPâ€™s interest and we donâ€™t have to wait for them to tighten the noose.
â€œWe submit that our originating summons is competent and does not breach the provisions of legislative powers and privileges as claimed by learned counsel to the said defendants,â€™â€™ Usman said.
The PDPâ€™s counsel further asked the court to dismiss the arguments of the defendantsâ€™ counsel challenging the PDPâ€™s locus standi in a legislative matter.
â€œIn so far as political parties are mandated to observe and ensure observance of the constitution, the PDP has locus standi to challenge any breach or attempt to breach the constitution,â€™â€™ he said.
Replying on point of law, Mr Mahmoud Magaji, SAN, said that it was trite that when you have a common defence processes can flow in the same direction.
â€œThe arsenal or attack is coming from one direction and so we need a common shield to defend ourselves against the plaintiffs,â€™â€™ he said.
Magaji, therefore, urged the court to uphold his earlier preliminary objection to the effect that the court lacked jurisdiction to entertain the plaintiffâ€™s suit.
Also Mr Niyi Akintola, SAN, a counsel to the defendants, said the provisions of Sections 23 and 30 of legislative powers and privileges had not been whittled down by sections 4 and 8 of the Constitution.
He said that the PDP should have waited for the House to effect the speculative and anticipated change in the House leadership before going to court to challenge it.
Akintola who aligned with Magaji in the argument on preliminary and jurisdiction said the case was not justiciable and urged the court to dismiss the case for lack of jurisdiction.
He said that by the provisions of section 122 (2c) of the Evidence Act, the judge was supposed to take judicial notice of the fact that the PDP already had assumed majority in House membership.
â€œBy the provisions of this section of the Act, a judge is supposed to take judicial notice of the developments in the National Assembly and dismiss the suit accordingly,â€™â€™ he said.
Mr James Ocholi, who was represented, and Sebastine Hon, both defendantsâ€™ counsel also aligned with Akintola and Magaji in their argument that the court lacked jurisdiction to hear the suit.