Former National Chairman of the People’s Democratic Party (PDP), Bamanga Tukur has lost in his return bid.
A Federal High Court in Abuja held on Tuesday that the procedure he adopted in wanting to have the court return him to office, was strange and unknown to law.
Tukur, as a defendant in a suit instituted by a member of the party, Aliyu Gubrin via an originating summons, had filed a counter-claim, urging the court to among others, void his resignation and sack his successor, Adamu Mu’azu.
Tukur had argued that his purported resignation was not in accordance with the provision of the party’s constitution, which required a 30-day pre-resignation notice.
Justice Evoh Chukwu held in his judgment that it was strange and unknown to law for a defendant in a case to maintain a position supporting the plaintiff, and against fellow defendants.
The judge, also held that although 30 days pre-resignation notice was necessary under the party’s constitution, PDP’s National Working Committee (NWC) possesses the powers to appoint a replacement for a retired Chairman from the same geo-political zone, but in acting capacity pending election.
Justice Chukwu dismissed Tukur’s counter-claim. He also dismissed Gubrin’s suit on the grounds that he lacked the locus standi to institute the suit and that he had suffered no injuries which needed to be remedied by the court.