Justice Mohammed Umar of the Federal High Court in Abuja has fixed September 22, for hearing in the suit on the authentic National Secretary of the Peoples Democratic Party (PDP).
The judge fixed the date for a definite hearing of all motions against the suit filed by the embattled National Secretary, Samuel Anyanwu, based on the agreement of the parties.
The matter which was coming before Justice Umar for the first time, had earlier been fixed for judgment by Justice Inyang Ekwo before the plaintiff brought an application for amendment of his original process.
Anyanwu had originally sued the Independent National Electoral Commission (INEC) and the acting National Chairman of PDP, Umar Damagun, as first and second defendants.
In the ex-parte application, Anyanwu, through his lawyer, Ken Njemanze (SAN), had prayed the court for an order of interim injunction, restraining INEC from accepting, acting on or giving effect to any correspondence from the PDP not signed by him pending the hearing and determination of the motion on notice for interlocutory injunction.
He also sought an order of interim injunction restraining Damagun from dispatching to INEC any correspondence purportedly emanating from PDP signed by the acting chair and not counter-signed by him.
After taking arguments from lawyers representing parties in the suit, Justice Ekwo later fixed judgment for March 25, for judgment.
However, on the scheduled date for judgment, Anyanwu had brought an application seeking to amend their originating process to correct the issue for determination.
Following, the request the court then fixed May 19, for a hearing of the motion which was also objected to by parties in the suit.
Recall that following applications for joinder, the court had included the PDP and Udeh-Okoye in the suit as third and fourth defendants.
It also joined the National Vice Chairman, PDP South-East, Ali Odela; and Deputy National Secretary of the party, Setonji Koshoedo; as fifth and sixth defendants respectively.
However, the case was later transferred to Justice Umar, for determination.
At Thursday’s proceedings, Anyanwu, who was represented by U. C. Njemanze-Aku, informed the court that the matter was originally slated for mention, adding that the plaintiff had received a letter from the 5th defendant requesting that the case be adjourned till September.
Njemanze-Aku told the court that while they are not against the request for an adjournment, it would appreciate a shorter date from the court.
Other parties represented in court also aligned themselves with the position of the plaintiff.
Counsel for Ude Okoye, Paul Erokoro (SAN), informed the court that the issue currently before the court had been resolved by the apex court, adding that the apex court held that the subject matter before the court was exclusive of political parties.
Erokoro said he would be bringing an application wherein he intends to attach the judgment of the Supreme Court.
Responding, Justice Umar subsequently directed all parties to file their response to the motion for amendment by Anyanwu, adding that the motion as well as all objections would be heard on September 22.
