•It must hold –Port Harcourt court •No, it cannot –Abuja court
From Taiwo Amodu, Tony John, Port Harcourt, Fred Itua and Ndubuisi Orji, Abuja
In what seems like a fight to the finish, courts in Abuja and Port Harcourt yesterday held on to their orders, one stopping the Peoples Democratic Party (PDP) national convention scheduled for today in Port Harcourt and another insisting that it must hold
A Federal High Court sitting in Port Harcourt, Rivers State declared that its judgment of Monday, August 15, 2016 and ordered the convention to proceed as scheduled
Justice Ibrahim Watila stated this yesterday, while delivering a judgement on originating summon in Suit No: FHC/PH/CS/585/2016 filed by Senator Ben Obi for himself and on behalf of other members the National Convention Planning Committee of the PDP.
But in a seeming war of the courts, the Abuja division of the Federal High Court presided over by Justice Okon Abang, after a pulsating session, yesterday stopped convention.
The court also barred the party from presenting, electing or recognising any body as national officer.
Besides, Justice Abang restrained the Independent National Electoral Commission( INEC) from monitoring, supervising the convention or recognizing any elected officers of the party at the said convention pending the determination of the motion on notice.
He also directed the Inspector General of Police (IGP) to enforce the orders of the court.
Justice Abang’s restraining orders were contained in his ruling in a motion on notice filed by factional national chairman of the party, Senator Ali Modu Sheriff.
The court also directed the beneficiary of its decision, Sheriff to obtain and fill form 48 so as to initiate contempt proceedings against anybody or group, who may disobey the said injunctive orders.
However, the Independent National Electoral Commission (INEC) said its officials were already in Port Harcourt for the convention.
Speaking with Daily Sun on phone, INEC Deputy Director on Publicity and Voters’ Education, Nick Dazang said its staff were already in Port Harcourt to monitor the scheduled convention and the Commission was yet to be served a copy of the ruling of Justice Abang.
“As soon as it (the Commission) is served the Abuja High Court judgment, it will take decision. In the meantime, and following the Port Harcourt judgment, our monitoring staff are on stand by,” he said.
Meanwhile, Justice Abang took a swipe at his brother Judge of the Port Harcourt division, Justice Ibrahim Watila for dabbling into the PDP matter when he knew that a sister court of coordinate jurisdiction was hearing the matter.
The judge said the proper thing to do was for Justice Watila to refer the suit filed by Obi to the Chief Judge of the Federal High Court for a directive instead of assuming jurisdiction to adjudicate on the matter.
He noted that it was wrong for courts of coordinate jurisdiction to make orders that would neutralise the proceedings of another sister court.
But Justice Watila pointed out that the judgement of July 4, delivered by Justice M. Liman, also of the Federal High Court, Port Harcourt, which upheld the removal of the former acting National Chairman, Alhaji Sheriff and recognized the Senator Ahmed Makarfi-led National Caretaker Committee, had not been set aside.
He maintained that the plaintiff, being Secretary of the Caretaker Committee, had approached the court to give an order for the first, third and fifth defendants to be involved in the scheduled national convention of the party, as the tenure of the Committee expired after 90 days.
Meanwhile, Sherrif has called on the Chief Justice of Nigeria to probe the Port Harcourt division of the Federal High Court. He said the actions of judges in the division could plunge the country into anarchy.