Follow Us on Google
From Godwin Tsa, Abuja
There were conflicting court rulings yesterday in Abuja by two Federal High Courts on the planned convention of the Peoples Democratic Party (PDP) scheduled to hold between November 15 and 16 in Ibadan, Oyo State.
The Federal High Court presided over by Justice James Omotosho, in his judgment upheld a case that was brought before it by three aggrieved members of the party: Austin Nwachukwu, PDP chairman in Imo State; Amah Nnanna, PDP chairman in Abia State, and Turnah George, South-South PDP Secretary.
In another breath, Justice Peter Lifu also of the Federal High Court sitting in Abuja refused to grant an application filed by former Governor of Jigawa State, Sule Lamido, seeking an order restraining PDP from proceeding with its scheduled national convention.
In a motion ex-parte moved by his counsel, Jeph Njikonye, SAN, Lamido had prayed the court to make the interim order, pending the hearing and determination of the motion on notice filed alongside.
Ruling on the motion, Justice Peter Lifu, rather ordered the PDP and the Independent National Electoral Commission (INEC) that are defendants in the suit to come and show cause why the ex-governor’s reliefs should not be granted.
He said: “The court has carefully perused and painstakingly considered the motion ex-parte, the affidavits, exhibits and the written address, including the decided cases commended to the court by learned senior advocate.”
Justice Lifu said that the court was not also unmindful of the balance of convenience and the undertaking as to damages as held in the three cases cited.
Other News
“I have also averted my mind to Order 26 Rules, 8(c) of the Rules of this court and the need to exercise my discretion judicially and judiciously.
“Consequently, considering the entire gamut of the entire suit, it is my considered view that Order 26 rule 8(c) of the 2019 Rules of this court be invoked to enable this court to balance the scale and equities of the parties.
Justice Lifu, who gave the defendants within 72 hours from the date they were served to respond, adjourned the matter until November 6 for hearing. The ex-parte motion dated and filed on October 28 by Lamido’s team of lawyers was seeking an interim order of the court restraining the 1st defendant from conducting its national convention scheduled to hold in Ibadan, Oyo State (or any other place or state) on November 15 and 16 or any other date(s) and an interim order of court restraining the 2nd defendant (INEC) from monitoring, supervising and recognising the 1st defendant’s national convention”. He said if the PDP was not restrained by the court, the party would be violating its constitution, and by implication denying him the opportunity to contest for the position of the national chairman of the party of which he was eminently qualified to contest.
In his ruling, Justice Omotosho held that the evidence presented before him established that the party PDP failed to comply with provisions of the 1999 Constitution, as amended, guidelines of the Independent National Electoral Commission, INEC, as well as its own constitution.
He stressed that the party failed to conduct valid state congresses before it moved to hold the convention to elect its national officers.
Consequently, the court directed the PDP to go back and put its house in order, and equally send the statutory 21-day notice before it could proceed with the proposed convention.
Cited as defendants in the matter were the Independent National Electoral Commission (INEC), PDP, National Secretary of the party, Senator Samuel Anyanwu; National Organising Secretary of the party, Umar Baturrle, two national officers of the party, Ali Odefa and Emmanuel Ogidi, as well as the NWC and NEC of the party.
