An Abuja High Court on Friday, vacated the interim order restraining the Peoples Democratic Party, PDP’s special convention slated for August 31, as the plaintiffs applied for the suit to be struck out.
The plaintiffs, Abba K. Yale, Yahaya Awira Sule and Bashir Maidugu, through their lawyer, F. N Nwosu, told the court that they had resolved to table their grievances before the national reconciliation committee constituted by the party.
Although both counsels to the party and its chairman did not oppose the application for withdrawal of the suit, they insisted that contrary to the request by the plaintiffs that the case be struck out, the appropriate order the court ought to make in the circumstance was to dismiss the matter in its entirety.
“This suit is struck out and the effect of the earlier order restraining the 1st defendant from holding its convention loses its potency. That order is hereby discharged as it crumbles with the striking out of this case,” Justice Belgore said in his brief ruling.
He said “consequently, the order restraining the defendant and its agents or any group of persons acting on its behalf, from convoking, convening or holding any convention, special or ordinary, for the purpose of electing its national officers for any office, is hereby vacated.”
The judge maintained that in view of the fact that the plaintiffs filed their motion for discountenance under Order 27 rule 3 of theFCT high court rules, the court had no choice than to strike out the originating summons, adding, “no judge will insist that a plaintiff must continue with a suit against a named defendant, that will fall against common sense.”
He noted that he had earlier enjoined the warring parties to pursue an amicable settlement of their dispute out of court.
“It is in the interest of all concerned, at least, on the part of this court, it will help to decongest the docket and allow the court to concentrate on other matters,” he said.