The ruling clears PDP to go ahead with its national convention as scheduled.
The Court of Appeal, Port Harcourt Division, has dismissed a suit by the suspended national chairman of the Peoples Democratic Party (PDP), Uche Secondus, aimed at stopping the party’s convention scheduled to hold on Saturday and Sunday.
The court gave the PDP leave to proceed with the elective national convention as scheduled.
The panel of three judges led by Haruna Tsammani found no merit in Mr Secondus’ appeal, saying he voluntarily relinquished his office since he did not challenge his removal at ward and local government levels.
Mr Secondus had filed the suit marked: CA/PH/339/2021 seeking, among others, to restrain the PDP from conducting its national convention which is scheduled to hold in Abuja on October 30 and 31.
His position has been under treath since the Rivers State High Court in Port Harcourt restrained him from further parading himself as the party’s chair on August 25.
Judge O. Gbasam issued the order following an ex parte application filed by four applicants.
The case had the quartet of Ibeawuchi Alex, Dennis Amadi, Emmanuel Stephen, and Umezerike Onucha, as the plaintiffs.
Mr Secondus and the PDP were the defendants sued in the suit marked PHC/2183/CS/2021.
Details of the applicants’ grouse against Mr Secondus were not contained in the document which appeared online.
The court order indicated that the applicants’ lawyer, H.A Bello, argued his clients’ ex parte application after which the court granted the interim restraining orders sought against Mr Secondus.
The judge after listening to the applicants’ lawyer, restrained Mr Secondus from parading himself as a member or the national chairman of the PDP.
The court also barred him from performing the functions of the national chairman of the party “or calling, attending or presiding over any meeting of the 2nd defendant (PDP) or any committee of the 2nd defendant at the Ward, Local Government or State level”.
It also stopped him from calling for any ward, local government or state congress of the PDP or setting up committees for such congresses or participating in any activity of the 2nd defendant whatsoever.
Counter-orders
Two days after the Rivers State High Court issued the order, Mr Secondus obtained a counter-order from the Kebbi State High Court which restored him to office.
But another High Court of Cross River State again issued another counter order suspending him from office.
The Chief Justice of Nigeria (CJN), Tanko Muhammad, had described the spate of the counter-orders issued as ex parte orders as an embarrassment to the Nigerian judiciary.
The Chief Justice of Nigeria (CJN), Tanko Muhammad, had described the spate of the counter-orders issued as ex parte orders as an embarrassment to the Nigerian judiciary.
