The nine plaintiffs said they filed the suit numbered FHC/ABJ/CS/464/2016 for themselves and on behalf of the Executive Committee/National Working Committee of the PDP.
They are Sheriff as the National Chairman; Prof. Wale Oladapo (National Secretary); Dennis Alonge-Niyi (Deputy National Youth Leader); Alhaji Bashir Maidugu (Deputy National Legal Advier); Mrs. Hanatu Ulam (Deputy National Women Leader); Alhaji Lawa Dutsima Anchi (Deputy National Auditor); Chief Okey Nnadozie (Deputy National Organising Secretary); and Chief Olia Metuh (National Publicity Secretary).
The suit has only the Independent National Electoral Commission and the PDP as the defendants.
The plaintiffs had filed the substantive suit on July 4, 2016, contending that that by virtue of the PDP’s Constitution, they must remain in office till 2018.
They urged the court to declare all moves aimed at removing, replacing or conducting fresh elections into their offices as illegal, unlawful, unconstitutional, null and void.
The Ahmed Makarfi-led Caretaker Committee of the party had on July 14 announced August 17 as the date for the party’s national convention when election would be held to fill the positions of national officers of the PDP.
The Sherriff faction therefore on July 20 filed an interlocutory application asking the court to stop the party from going ahead with the planned national convention pending the determination of their substantive suit.
The court presided over by Justice Okon Abang on Tuesday granted the plaintiffs order to have their case heard during the Federal High Court’s ongoing vacation.
The judge in granting the plaintiff’s ex parte motion on Tuesday, held that ordinarily, a part-heard suit could not be heard during vacation without the consent of all parties, but he decided to give room for the hearing because of its urgency.
“It is deserving to be heard during the vacation by the judge nominated by the Chief Judge of the Federal High Court. But whether it will succeed is another issue entirely.”
Justice Abang then fixed Thursday for the hearing of the motion and directed that hearing notice be issued on the two defendants – INEC and the PDP.