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From Scholastica Onyeka, Makurdi
A State High Court, in Makurdi has restrained the People’s Democratic Party, PDP from expelling, suspending or carrying out any punitive measure on Governor Samuel Ortom pending the determination of the motion on notice for interlocutory injunction.
The Court also restrained Independent National Electoral Commission, (INEC), from receiving and acting on the information from the PDP seeking to disqualify Governor Ortom from contesting or appearing on the ballot for Benue North Senatorial District under the PDP in the forthcoming elections, pending the determination of the motion on notice.
Justice Austin Ityonyiman gave the orders while ruling on an application by Abraham Kwaghngu.
Justice Ityonyiman said there was merit in the application following the oral argument by the Applicant’s Counsel, Sabastine Hon, SAN, and accordingly granted the reliefs sought.
Governor Samuel Ortom is the PDP candidate in the Benue North West Senatorial District election in the state.
The ex-parte motion in a suit No. MHC/46/2023, Motion no. MHC/2204/2023 was brought before Justice Augustine Ityonyiman sequel to an affidavit deposed to by Mr. Abraham Kwaghngu and filed on February 15, 2023. The PDP is the first defendant in the suit while INEC is the second defendant.
The Governor had through his counsel, Sebastian Hon, SAN, had sought an order of the Court restraining PDP and INEC from expelling, suspending, levying any other punishment and or refusing to place his name on its list of candidates.
Ruling on the motion, Justice Ityonyiman held that “upon calm perusal of the processes filed particularly the affidavit in support of motion and the affidavit of urgency and upon the oral arguments of learned Senior Counsel, Sebastian Hon on behalf of the Applicant, I think this application must be and is hereby granted in terms of reliefs (1) to (4) of the motion. It is hereby ordered as follows.
“An order is hereby made restraining the 1st Defendant/Respondent either by itself or its National Working Committee and/or National Executive Council and/or its National officers (elected or appointed) and/or its North Central Zonal Executive Officers (elected or appointed) and/or its Benue State Officers (elected or appointed) and/or its Guma Local Government Area Officers (elected or appointed) and/or its Nzorov Council Ward Officers (elected or appointed) or any of its other organs or officials (anyhow so called) from expelling, suspending or levying any other punishment on the Plaintiff/Applicant pending the determination of the Motion on Notice for interlocutory injunction.
“An interim order of injunction that is also made restraining the second Defendant/Respondent either by itself or any of its Officials/Officers/Directors/Departmental or other Heads/any other officer by whatever name called from receiving and/or acting upon any communication made by the 1st Defendant/Respondent seeking to disqualify from contesting or seeking nor to be placed on the ballot paper the name of the Plaintiff/Applicant as the 1st Defendant’s candidate for the Benue North West Senatorial District in the 2023 general election pending the determination of the Motion on Notice for interlocutory injunction.
“An order of interim injunction is made restraining the 2nd Defendant/Respondent either by itself or any of its Officials/Officers/Directors/Departmental or other Heads/any other officer by whatever name called from refusing for whatever reason to place the name of the Plaintiff/Applicant on the ballot to contest the Benue North West Senatorial election slated for February 25th, 2023 or any other rescheduled dated pending the determination of the Motion on Notice for interlocutory Injunction.”
The Court fixed February 24, 2023 for the hearing of the Motion on Notice.
