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6.5.3. The 4th Defendant/Applicant denies any violation of the rights of the
Plaintiffs/Defendants and is also contending that the parties before the Court are not
subject to the jurisdiction of the Community Court of Justice of ECOWAS under
Article 9 (4) of the Protocol Relating to the Court of Justice as amended by Protocol
A/SP.1/01/15 and seeks for the dismissal of this case in line with Article 88 of the
Rules of Procedure of Court of Justice of ECOWAS.
ORDER SOUGHT BY THE 4TH DEFENDANT/APPLICANT
6.5.4. An Order striking out this suit for want of jurisdiction because the real issue
in controversy is between the Plaintiffs and the Peoples Democratic Party (4th
Defendant/Applicant) which is an individual party and not a State Party or against
the Community or its Institution, or in the alternative.
6.5.5. An Order striking out the name of the 4 th Defendant/Applicant from this suit
on ground that the Court has no jurisdiction over it not being a State Party.
6.5.6. For such further Order(s) as this Honorable Court may deem fit to make in the
circumstance.
6.6. PRELIMINARY OBJECTIONS OF THE 1ST AND 2ND DEFENDANTS
6.6.1. The Community Court of Justice of ECOWAS lacks the requisite jurisdiction
to hear this matter. Plaintiffs’ suit relates to an alleged breach of the Nigerian
Electoral Act 2010 as amended by the 3rd Defendant which prohibits donations to a
candidate beyond One Billion Naira (N100, 000,000.00); a matter not within the
jurisdiction of this Honorable Court to entertain and / or determine.
6.6.2. Lack of cause of action against 1st and 2nd Defendant/Objector. The entirety of
the Plaintiffs Notice of Registration of Application discloses no cause of action
against the 1st and 2nd Defendants/Objectors.
6.6.3. That the 1st and 2nd Defendants/Objectors while arguing this Preliminary
Objection, shall rely on all Court processes as filed in this suit by the Plaintiffs.