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From Godwin Tsa Abuja
The Abuja division of the Federal High Court has stopped the Peoples Democratic Party (PDP) from going ahead with its scheduled November 15 and 16 national convention, pending the hearing and determination of the substantive suit filed by former Governor Sule Lamido of Jigawa State.
Justice Peter Lifu also restrained the Independent National Electrical Commission (INEC) from monitoring, supervising or recognising the outcome of the convention, pending the hearing and determination of the suit before him.
Justice Lifu held that the application filed by the applicant, Lamido, was meritorious and accordingly succeeded.
The judge,who referenced the judgment delivered by Justice James Omotosho on October 31,stopping PDP from holding the convention, held that it would be in the interest of justice to grant Lamido’s request.
Justice Lifu said if PDP is allowed to go ahead with the event, the former governor would suffer more; hence, it was necessary to grant the preservative order.
The judge predicated the restriction order against PDP on the grounds that the party refused, neglected and failed to comply with relevant conditions and laws for the conduct of such conventions.
The judge held that evidence from Lamido, showed that the timetable for the convention was not published for the attention of its members as required by law.
Justice lifu also held that the balance of convenience tilted towards Lamido because he would suffer more if allowed to be unlawfully excluded from the planned convention.
To make remedy, the Judge said that the former governor had undertaken to pay damages to PDP in the event that his suit was found to be frivolous.
According to the Judge, in a Constitutional, due process of law must be strictly followed by those in charge, adding that to do otherwise, will endanger democracy itself.
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He also said that in line with section 6 of the 1999 Constitution, a court of law must not abdicate its role of dispensing justice without fear or favour.
Justice Lifu held that anarchy would be the order of the day anytime, any day and anywhere the court abdicates its constitutionally assigned functions.
In his final pronouncement, the Judge restrained PDP from proceeding with the convention billed for November 15 and 16 or any other date in Ibadan or any other place.
He also stopped INEC from supervising, monitoring or recognizing the outcome of any convention that will be organized by PDP.
Lamido, in the ex-parte motion, moved by his lawyer, Jeph Njikonye, SAN, on October 31, had prayed the court to make the interim order, pending the hearing and determination of the motion on notice filed alongside.
The ex-governor 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, which he is eminently qualified to contest.
The ex-governor 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, which he is eminently qualified to contest.
Another Judge of the same court, James Omotosho had in a separate judgment on October 31, issued similar orders stopping INEC from supervising or recognizing outcome of the convention if conducted.
His ground was predicated on the facts that due process was not followed in the way the convention was being planned.
Besides, Omotosho held that the PDP failed to issue the mandatory 21 days notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
Justice Omotosho held that the failure of the PDP to comply with the law has put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
