A Federal High Court, Abuja has scheduled judgment for May 31 in the suit filed by Rivers Governor, Nyesom Wike to restrain the Peoples Democratic Party (PDP) from either suspending or expelling him from the party.
Broadcast Cable Network learnt that Justice James Omotosho chose the date on Monday after lawyers to parties in the case made their final submissions.
Listed as respondents in the suit marked: FHC/ABJ/CS/139/2023 are the PDP, its National Chairman, Iyorchia Ayu; the National Secretary of PDP, Senator Samuel Anyanwu and the Independent National Electoral Commission (INEC).
Nyesom Wike ‘s lawyer, Joshua Musa (SAN) told the court on Monday that his client’s fundamental right to freedom of association was being breached by the threat by the respondents to suspend and subsequently expel him from the party.
Musa said it was this threat that informed Nyesom Wikedecision to approach the court.
He faulted the preliminary objection raised by the PDP and its Chairman against the suit, urged the court to dismiss it.
Musa also faulted the argument by a lawyer to the respondent, Johnson Usman (SAN) that Wike did not exhaust the party’s internal mechanism.
He contended that the theory of exhaustion did not apply to issues of a fundamental right, adding that the authority cited by Usman did not border on issues of fundamental right actions.