From Yakubu Busari, Jos
The Plateau state high court presided over by Justice A.S. Gang on Monday said, the court cannot grant the applicants an interim injunction to stop Acting Chairman of the Peoples Democratic Party in the state, Hon Yakubu Chocho, from conducting state congresses scheduled for August 12, 2020 .
The judge dismissed the request while ruling on the motion on notice and interim injunction sought by the former members representing Jos South, Jos East Federal constituencies, Hon Bitrus Kaze, Hon Aminu Zang and Hon Emmanuel Macham and others challenging the People Democratic Party, PDP ,as first defendant ,Hon Yakubu Chocho and 26 others.
The counsel to the plaintiffs, Barr Munir Abdullahi Barau told the court that the matter was slated for hearing, however, they have effect service on the defendants in their respective offices and they have responded by preliminary objections with counter affidavit and motion on notice.
According to the plaintiffs counsel, the first defendant PDP is planning towards Congress on the August 12, 2020, which is the subject of dispute and prayed the court to maintain its position until the determination of the suit filed.
The defendants’ counsel, Barr Niri Darong argued that the petitioners substituted service should be render useless owning to the fact that the plaintiffs counsel could not effect proper service on the first defendant, (PDP) .
Darong argued that no notice was served on his client PDP who is the first defendant, a move he said had already rendered their application invalid.
He stressed that the issue of party can’t be served by substituting order, it must be done in the Secretariat, even though the 2nd, 3rd to 21st and 25th parties were served.
He said the plaintiffs has committed blunder by not following the address of the first defendant (PDP) instance Wadata Plaza, then diverted to Gaza Plaza for service.
Justice S.Gang said; “I have listen to the plaintiffs’ counsel submission and the defendants counsel on the interim injunction and order of the court to direct motion pending the determination of the plaintiffs originating surmount.”
The Judge said the court cannot make a statement and at the same time swallow it back and said that the prayers seeking an order to stop congresses in Plateau state on Wednesday can’t scale through. It ordered the defendants to proceed with their earlier scheduled Congress.