By Deborah Onyofufeke
The Federal High Court sitting in Abuja on Wednesday adjourned to June 1, the hearing in a suit of 31 members of the Akwa-Ibom PDP and Hon. Friday Iwok against the Independent National Electoral Commission, Peoples Democratic Party, and 63 other Defendants.

The matter was adjourned after counseling to the plaintiff, Ahmed Raji, SAN, at the resumed hearing today told the court that the motion by the 1st to 31st Defendants was served on them late yesterday at about 5:41 pm. He prayed to the court for an adjournment to give them time to respond.

In the suit marked FHC/ABJ/CS/606/2022, the plaintiffs are requesting the court to declare the outcome of the ward congresses of the PDP in Akwa Ibom state nullity. Thereby, seeking an order setting aside what took place on May 22.

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Meanwhile, Raji in his submission, contended before the court that its order on May 18, for parties to “maintain status quo ante Bellum” was not observed by the Defendants.

Uwemedimo Nwoko, SAN, counsel to the 1st Defendant, and Paul Usoro SAN counsel to the 2nd defendant both argued that what the court said on May 18, was “an advice” and not an order.

Usoro further maintained that the issue of the court’s jurisdiction was very fundamental because a court that lacks jurisdiction to hear a matter is incompetent to make pronouncements on the same suit.

Nwoko recalled that it was not an order but advice by court that parties should maintain status quo ante Bellum on the matter

Both Nwoko and Usoro, informed Justice Egwuatu, of their application challenging the jurisdiction of the court to hear the matter as well as a notice of a preliminary objection that they had filed.

Raji argued that it was based on the order of the court that the defendants filed a motion for stay, wondering whether there is anything called enroll advice.

Justice Obiorah Egwuatu, having earlier ordered an accelerated hearing of the suit, abridged time for parties to file and serve the process.

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Recall that Justice Egwuatu had on May 18, 2022, ruled that status quo ante Bellum should be maintained, pending the determination of the main suit just as he adjourned the case to May 25, for accelerated hearing.

The Plaintiffs among others are asking the court to declare that in view of the clear and unambiguous provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria,1999(as amended); Sections 84(3),(5)(b)(i) and 13 of the Electoral Act 2022; the Preamble to the Constitution of the 2nd defendant‘s (PDP) Constitution and Part 1(b) (2) and (3) of 2nd defendant’s electoral guidelines for primary elections which took effect on 7th March 2022, the Akwa-Ibom State Chapter of the PDP cited as 2nd defendant in the suit of the Akwa-Ibom State Publicity Sectretay of the 2nd defendant lacks the powers/vires to issue the public notice dated 29th day of April, 2022, to conduct the 2nd defendant’s ward congress for the purpose of electing the PDP’s ward Ad-Hoc delegates eligible to vote at the party’s forthcoming Gubernatorial, National Assembly and State Assembly Primary elections in Akwa-Ibom State or in any way or manner schedule a time table or date for the conduct of the said ward Congress.