The party urged the court to determine whether it was the state executive of the party or the national body that had the right to nominate candidates for the local government elections.
The PDP prayed the court to mandate the state Electoral Commission to authenticate its list of candidates for the local government elections in the state.
Edward Ayo-Odegbesan,counsel for the party argued that its constitution empowered the national organ to determine who represents the party in any election.
However, Ajibola Oluyede, lawyer of the the state executive committee of the party, argued that the case had been adjudicated upon at a Lagos High Court in a suite NO. FHC/347/2012.
Oluyede told the court that the court had ruled that only the state executive committee had the constitutional power to nominate and rectify list of candidates for any state election.
He argued further that the initiator of the case was only wasting the time of the court and that the court should therefore strike it out accordingly.
“No organ of the party can act on behalf of the party except the state executive committee, since there is a valid judgment in that regard, they cannot reopen the case here.
“We have filed a counter affidavit to their claims and application to be joined in the matter.
“We are convinced beyond doubt that this suit is nothing but an abuse of court process, ‘’ Oluyede told the court.
In her ruling, Justice Mosun Dipeolu told the lawyers not to unnecessarily waste the time of the court with frivolous applications.
She, thereafter, fixed June 19, for the rulings on the application to be joined in the matter by the state executive party and the affidavit of claims by the candidates.
Dipeolu said that she would also deliver ruling on whether her court had the jurisdiction to hear the matter to determine which of the party organ should submit list of candidates.
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