By Deborah Onyofufeke
Justice Donatus Okorowo, of the Federal High Court on Wednesday, adjourned further hearing in a suit seeking to halt the scheduled presidential primary election of the Peoples Democratic Party, PDP, till June 1.

Stating the reason for the adjournment on the matter is to await the outcome of the higher court which is the Abuja Court of Appeal

Meanwhile, former Vice President and presidential aspirant of the Peoples Democratic Party (PDP) Alhaji Atiku Abubakar, filed an application to be joined as an interested party in the matter of today home

Mr Cosmas Ndukwe, an aggrieved aspirant in PDP had approached the court to challenge the scheduled presidential primary on the ground that PDP was planning to act in breach of its own zoning structure, given that the party had an arrangement that allowed for the rotation of elective offices and as such, it is the turn of the Southern part of the country, especially the southeast geopolitical zone, to produce the next president.

It will be recalled that PDP had fixed Saturday, May 28, to conduct its presidential primary election, and to that effect, screened 17 aspirants that obtained its presidential form to contest in the 2023 election.

Ndukwe, a former Deputy Speaker of the Abia State House of Assembly, also filed an application for an order of injunction to stop PDP from proceeding with the primary election, pending the hearing and determination of his suit.

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The court however did not issue a restraining order but directed the plaintiff to put all the defendants on notice to make an appearance before the court and show cause why the primary election should not be halted.

At the resumed hearing today, Mr. Aliyu M. Aliyu, SAN, legal representative of the PDP Chairman, Dr. Ayu, disclosed to the court that he has entered an appeal before the appellate court in Abuja, he requested on this ground that the trial court not continue with the hearing and let the appellant court take it up from that point since it had already accepted to hear the case

He added that the plaintiff doesn’t have the right to institute the action, noting that he is not one of the presidential aspirants of the party.

Other defendants in the matter did not object to Aliyu’s stand as they all accepted that the court adjourn the matter.

However, counsel to the plaintiff, Mr. Paul Erokoro, SAN, requested that the court refuse the argument for adjournment,

In a bench ruling, Justice Okorowo granted the adjournment. He explained that there was need to suspend the proceedings since one of the parties seeking to be joined in the matter, being Atiku, has not been heard.

“I have seen the processes filed by the 2nd defendant regarding the appeal and parties have acknowledged that they have received the notice of hearing.

“In the present case, there is a motion for joinder, an application which the court cannot ignore.

“I hereby order an adjournment in view of the motion for stay at the Court of Appeal.

“Matter is hereby adjourned to June 1 for continuation of hearing,” Justice Okorowo held.

The 3rd defendant in the matter, Senator Anyanwu, had earlier petitioned the Chief Judge of the Court, Justice John Tsoho, alleging that the presiding judge, Okorowo, was biased and that the CJ should transfer the case to another judge of the high court for fair adjudication of the matter.

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He, said that the judge, had by his actions, exhibited “manifest bias”, insisting that allowing him to continue with the case, would lead “to a breach of fair hearing.”

He alleged that Justice Okorowo granted ex-parte orders against the party, notwithstanding the fact that PDP already had a legal representative before the court.

Defendant in the suit marked FHC/ABJ/CS/508/2022, are PDP, its National Chairman, Dr Iyorchia Ayu, Chairman of its Primary Election Planning Committee/National Secretary, Senator Samuel Anyanwu, as well as the Independent National Electoral Commission, INEC.