From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has extended its order restraining the Peoples Democratic Party (PDP) from suspending or expelling Governor Nyesom Wike of Rivers State from the party.
Justice James Omotosho gave the directive after counsel to the governor, Dr Joshua Musa, SAN, and lawyer to the PDP and others, Johnson Usman, SAN, agreed on March 6 to argue their case. Justice Omotosho had on February 2, issued the restraining order after hearing the ex parte motion that was moved by counsel to Wile, Dr. Joshua Musa.
Others joined in the suit marked: FHC/ABJ/CS/139/2023 include its National Working Committee (NWC) and National Executive Committee (NEC), National Chairman of PDP, Dr. Iyorchia Ayu; National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) as first to sixth respondents, respectively.
The governor is praying for an order directing all parties to maintain status quo and stay all actions in the matter relating to the threat to suspend or expel him by the first to fifth respondents, pending the hearing and determination of the originating motion.
Wike also asked for an order of the court granting him leave to serve the motion on notice, originating motion and all other processes of the court in the suit on the first to fifth respondents by substituted means, by pasting all the said processes at the PDP National Secretariat. After hearing, counsel to Wike, Dr Joshua Musa, SAN, Justice Omotosho granted all the reliefs sought.
“All parties in this suit shall maintain peace and shall not take any action or step or act that may make the outcome of the motion on notice dated and filed on February 2, 2023 nugatory and worthless. That any act or step or action made so as to make the outcome of the motion on notice dated and filed on February 2, 2023 nugatory shall be a nullity.
“That leave is hereby granted to the applicant (Wike) to serve the originating motion, motion on notice and all other processes of this court in this suit on the first to fifth respondents by substituted means to wit, by pasting all the said processes of court on PDP National Secretariat, Wadata Plaza, Wuse Zone 5, Federal Capital Territory, Abuja,” he said.
The G5 Governors – Nyesom Wike (Rivers), Seyi Makinde (Oyo), Ifeanyi Ugwuanyi (Enugu), Okezie Ikpeazu (Abia) and Samuel Ortom (Benue) – have been campaigning against their party’s presidential candidate, Alhaji Atiku Abubakar– after Atiku rejected their demand to remove the PDP Chairman, Dr. Iyorchia Ayu.
They had accused Ayu of siding with Atiku during the presidential primary of the PDP, which the latter won, beating Wike to the second position.
Already, the National Working Committee (NWC) of the party has suspended Senator Chimaroke Nnamani, former Governor Ayo Fayose’s son, Oluwajomiloju, and other candidates of the PDP in Enugu, Imo and Ekiti States. The NWC also dissolved the Ekiti State Executive Committee, which was populated by Fayose’s loyalists. In a suit before Justice James Omotosho, Wike asked the court to declare that none of the respondents could take any disciplinary action on him while the originating summons was being decided.
Wike is on loggerheads with the leadership over his decision to pull his support for the party’s presidential candidate, Atiku Abubakar, after Mr Abubakar defeated him at the primary election.
Meanwhile, upon the agreement of counsel to parties to the suit, the matter has been adjourned to March 6 for the hearing of all pending applications and the substantive suit.