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A Federal High Court in Port Harcourt on Monday validated the August 17th , 2016 National Convention of the Peoples Democratic Party , PDP, scheduled to hold in Port Harcourt, directing the Independent National Electoral Commission, INEC, to monitor party’s national convention.
The Federal High Court in Port Harcourt also directed the Inspector-General of Police, the Rivers State Commissioner of Police the Director-General of the Department of State Services, DSS, the Police and the DSS to provide security for the national convention billed to hold in Port Harcourt on Wednesday, 17th August, 2016.
In a similar vein, Chairman of the PDP National Convention Planning Committee, and Rivers State Governor, Nyesom Ezenwo Wike has declared that the convention will proceed on 17th August,
He also ruled, “The 1st, 2nd, 3rd and 4thdefendants are hereby mandated to provide security for the national convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday, August 17 2016 or any other date and venue pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.
“The 5th defendant (INEC) is mandated to monitor the National Convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday August 17, 2016 or any other date and venue pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.”
The court also ordered that the police, DSS and INEC be served by substituted means through their respective offices in Port Harcourt.
2016 as scheduled because the convention is backed by the court and all other legal authorities.
Delivering a ruling in a motion on notice filed by Secretary of the PDP National Convention Planning Committee, Senator Ben Obi for himself and other members of the National convention Planning Committee against the Inspector-General of Police the Commissioner of Police, Rivers State, the Department of State Services and the Independent National Electoral Commission, INEC, in suit number FHC/ PH/CS/585/2016, Justice Ibrahim Watila ordered INEC to ensure that it monitors the national convention.
Justice Watila declared that the July 4 ,,2016 judgment of the Federal High Court in Port Harcourt recognised the May 21, 2016 National Convention which produced the National Caretaker Committee has not been appealed against or set aside, hence it behoves the court to protect that judgment.
The court added that there is no injunction against the holding of the August 17th, 2016 National Convention in Port Harcourt brought to the attention of the court during the hearing of the application by Senator Ben Obi.
Justice Watila ruled, “The 1st, 2nd, 3rd and 4thdefendants are hereby mandated to provide security for the national convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday, August 17 2016 or any other date and venue pending the hearing the originating summons as the honourable court may decide.
“The 5th defendant (INEC) is mandated to monitor the National Convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday August 17, 2016 or any other date and venue pending the hearing and determination of the originating summons as the honourable court may decide.”
The court declared that it found the affidavit tendered by the plaintiff/applicant to be true, pointing out that it was at no point contested by the defendants , even though they were duly served.
Justice Watila adjourned the suit to 16th August, 2016 for the hearing of the originating summons filed by Senator Ben Obi.
In an interview after the ruling, Counsel to Senator Ben Obi, Barrister Wori Nyeche Wori said with the granting of the interlocutory injunction, the party has the legal backing to carry on with the 17th August PDP National Convention.
Addressing journalists in Port Harcourt, Governor Wike said everything is set for the for the convention.
He said: “Let me assure you that as the chairman of the National Convention Planning Committee, we are backed by law and the court that the convention will go ahead.
“The court has recognised the May 21 National Convention before now in its July 4, 2016 Judgment. Again, today, the Federal High Court has re-confirmed that INEC should monitor the August 17 , 2016 National Convention and that the security agencies should provide security as required”.
The Chairman of the PDP National Convention Planning Committee noted that the said suit was filed by the Caretaker Committee against INEC and Security agencies because they were party in the July 4, 2016 Judgment.
Hours Later this Judgement came from Abuja
A Federal High Court in Abuja on Monday stopped the Ahmed Makarfi-led faction of the Peoples Democratic Party from going ahead with its plan to conduct the national convention of the party slated for Thursday.
Justice Okon Abang ruled during the proceedings that lasted eight hours on Monday that the interim order would subsist till the motion filed by the Ali Modu Sheriff-led faction seeking an interlocutory injunction against the convention is heard and determined.
The judge fixed Tuesday for the hearing of the Sherif faction’s motion for interlocutory injunction.
The judge made the order after joining Makarfi and six other members of his caretaker committee as parties to the substantive suit which was filed last month by the Sheriff and members of his faction.
The judge had on July 28 heard Markafi-led faction’s application to join the suit as a defendant and fixed Monday for ruling.
The judge overruled Sheriff’s faction’s opposition to the application and ordered that Markafi and the rest of the applicants be joined as the third to the ninth defendants.
Apart from Makarfi who was joined as the third defendant, others comprising, Ben Obi, Odion Ugbesia, Abdul Ningi, Kabiru Usman, Dayo Adeyeye, Aisha Aliyu, were joined as the fourth to the ninth defendants.
Justice Abang in granting the interim injunction on Monday lambasted Ben Obi for allegedly rushing to the Port Harcourt Division of the Federal High Court to obtain an ex parte order directing security agencies and the Independent National Electoral Commission to monitor the scheduled convention.
The judge described as a slap on the court’s face the act of Obi by “secretly” obtaining another order at Port Hacourt to let the convention to go ahead when the ruling of the court on the application filed by him and others seeking to be joined in the suit as parties was being awaited.
Justice Abang said the order obtained by Obi from Port Harcourt was obtained to neutralise the proceedings of the court.
He ruled, “Senator Ben Obi cannot treat the court with levity.
“What is the reason for rushing to another court when the court is already seized of this matter?
He also described Obi’s action as “unfortunate and unlawful”.
He added, “I want to point out that a court of coordinate jurisdiction cannot make an order that will neutralise the proceedings of this court.
“The Port Harcourt Division of this court cannot make an order to neutralise the proceedings of this court.
He said he was therefore inclined to granting the interim order suspending the convention in exercise of his “disciplinary jurisdiction” in order to maintain the integrity of the court.
The hearing of Sheriff’s motion was adjourned till Tuesday.
