The Federal High Court in Abuja on Thursday, fixed September 22 to hear the suit on the authentic national secretary of the Peoples Democratic Party.
Justice Mohammed Umar fixed the date for definite hearing of the suit as well as hearing of all motions filed in the suit.
Two members of the party, Senator Sam Anyanwu and Sunday Ude-Okoye are laying claim to the position.
At the resumed hearing of the matter, counsel to Anyanwu, U.C Njemanze-Aku told the court that the matter was for mention since it was coming up before Justice Umar for the first time.
Mr Njemanze-Aku also told the court that the plaintiff had received a letter from the 5th defendant requesting an adjournment on the grounds that he was already before another court.
Counsel to the defendants represented in court did not oppose the application for adjournment.
Paul Erokoro, SAN, informed the court that the issue currently before the court had been resolved by the Supreme Court.
Mr Erokoro said that the apex court held that the subject matter before the trial court was the exclusive right of political parties.
He said he would bring an application where he intends to attach the judgment of the Supreme Court.
The judge subsequently directed all parties to file their response to the motion for amendment by Anyanwu.
He said that the motion as well as all objections would be heard on the next adjourned date, Sept. 22.
The matter had been earlier fixed for judgment by Justice Inyang Ekwo, before the plaintiff brought an application for amendment of his original process.
Mr Anyanwu had originally sued the Independent National Electoral Commission (INEC) and the acting National Chairman of PDP, Umar Damagun, as 1st and 2nd defendants.
In the ex-parte application marked: FHC/ABJ/CS/254/2025 dated and filed on February 13,
Mr Anyanwu through his lawyer, K. C. Njemanze, SAN, asked the court for an order of interim injunction, restraining INEC from accepting, acting on or giving effect to any correspondence from the PDP not signed by him.
This, he said, was pending the hearing and determination of the motion on notice for interlocutory injunction.
He also sought an order of interim injunction restraining Umar Damagun from dispatching to INEC, any correspondence purportedly emanating from PDP signed by the acting chairman and not countersigned by him.
After taking arguments from lawyers representing parties in the suit, Justice Ekwo fixed judgment for March 25.
However, on the scheduled date for judgment, Mr Anyanwu brought an application seeking amendment to their originating process to correct the issue for determination.
Following the request which the defendants opposed, the court fixed May 19 for hearing.
Following applications for joinder, the court had included the PDP and Sunday Udeh-Okoye in the suit as 3rd and 4th defendants.
It also joined the National Vice Chairman, PDP South-East, Ali Odela and the Deputy National Secretary of the party, Setonji Koshoedo, as 5th and 6th defendants respectively.
However, the case was later transferred to Justice Umar, for determination following the suspension of Justice Ekwo.
Speaking to journalists at the end of proceedings, Mr Erokoro said that they were hopeful of an out of court settlement of the case considering that elections were around the corner.
(NAN)
