A Federal High Court sitting in Abuja has fixed January 29 for hearing on the preliminary objection filed by the Peoples Democratic Party (PDP), challenging the jurisdiction of the court over a suit instituted by 79 members of the House of Representatives, who defected to the All Progressives Congress (APC).
The defecting members had earlier approached the court for an order restraining PDP from declaring their seats vacant.
Justice Ahmed Mohammed who ruled on the argument said, “Considering the circumstances of this matter, I am of the view that the originating summon is not ripe for hearing; the preliminary objection draws strength from the originating summon and since it is not ripe for hearing, the court will not be competent to hear the preliminary objection.”
The court held that“In this wise, the consideration of taking the preliminary objection and the originating summon together does not arise; therefore, the court is unable to accede to the application of the first and fourth defendants for court to hear their preliminary objection.
The Presiding judge also stated that “the Senate President and the Speaker of House of Representatives have not responded to the originating summon of the plaintiffs, therefore this court holds that the first and fourth defendants’ application should wait until the originating summon is ripe for hearing.
Consequently, the court adjourned the case to January 29, for hearing of the second and third defendants’ objection.
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