- Justice Okon Abang’s suspension order is a judicial recklessness – Makarfi-led PDP
- Convention will hold as planned – Gov. Wike
- The Interim Order is to discipline those treating the court with levity – Justice Abang
The crisis rocking the Peoples Democratic Party (PDP) took a new dimension on Monday as two Federal High Courts gave two separate judgements on the planned August 17 convention of the party in Port Harcourt.
While Justice Okon Abang of the Federal High Court siting in Abuja gave an Interim Order suspending the convention pending the determination of the suit before him, Justice Ibrahim Watila gave an Interlocutory Order wherein the Honourable Judge specifically ordered the Makarfi-led PDP to proceed with the convention as scheduled without hindrance
Justice Okon Abang, who gave the interim order, said he did so in the interest of justice to both parties in a suit pending before him.
Abang also said the order was issued to curb the excesses of some parties in the matter as well as to serve as a disciplinary action against those treating the court with levity.
He said this was with particular reference to Sen. Ben Obi, a member of the caretaker committee of the party.
Obi had obtained an order from a Federal High Court, Port Harcourt division, in which the Police, the DSS and the Director-General of DSS were restrained from interfering in the Port Harcourt convention.
The ex-parte order was issued by Justice Ibrahim Watila of the Federal High Court, Port Harcourt division.
The ex-parte order had also directed the Independent National Electoral Commission (INEC), to supervise and monitor the convention planned by the Sen. Ahmed Makarfi-led faction and the Board of Trustees of the party.
Justice Abang, whose attention was drawn to a copy of the ex-parte order obtained by Obi, said the action of Obi in filing the motion was in bad taste.
Obi had been joined as a party in the suit before the judge.
Abang held that Obi secretly went to Port Harcourt to obtain the said order when he knew that he was a party seeking to be joined in the suit filed by the Ali Modu-Sheriff faction seeking to stop the convention.
He also said a court of coordinate jurisdiction cannot make an order that will neutralise another court of coordinate jurisdiction.
“Obi cannot undermine the authority of this court; having become aware of the pendency of this matter, he ought to have waited for the outcome of this court.
“He cannot slap the court in the face and expect the court to grant him any indulgence.
“Democracy is not anchored on the whims and caprices of anybody; it is also not anchored on self-help; Obi cannot treat the court with levity.
“It is unfortunate and unfair that he approached the Port Harcourt court for the ex-parte order which was granted to him.
“To curb the excesses of the recalcitrant party and to prove that courts are not bull dogs that can bark but cannot bite, I am inclined to grant the request of Sheriff.
“I hereby make an order suspending the PDP convention of Aug. 17 in exercise of my disciplinary jurisdiction to maintain the dignity and integrity of the court’’, Abang ruled.
Abang had joined Senators Ahmed Makarfi, Ben Obi, Odion Ugbesia, Abdul Ningi, Mr Kabiru Usman, Mr Dayo Adeyeye and Hajia Aisha Aliyu individually as parties to Sheriff’s suit as defendants.
The judge refused to grant the stay of execution of the ruling of July 28 in which he affirmed the leadership of the Sheriff-led faction of the PDP.
Abang said that Mr Ferdinand Orbih (SAN), who made the request for stay of execution on behalf of the Makarfi-led faction, lacked the locus standi to make the request because he was not a party to the suit that brought the ruling.
The court described the lawyer as a “busy-body’’ and a “meddlesome interloper’’ and imposed N50,000 fine on him for attempting to thwart the proceedings of the court.
Abang frowned at the claim of Orbih that he had filed an appeal against the ruling adding that the lawyer failed to put the notice of the appeal at the disposal of the court.
He said his claim that he had transmitted the court’s record to the appellate court was an exercise in futility because he did not obtain the court’s permission before doing so.
The court also dismissed an application brought by one Mr Sikiru Ogundele asking Abang to disqualify himself from the matter on account of bias.
Abang said Ogundele was not a party to the suit hence could not seek reliefs.
Ali Modu-Sheriff had filed a suit seeking to stop the planned PDP convention in Port Harcourt.
He prayed the court to stop it on the grounds that it was being organised by a body not recognised under the law.
But Abang said that the motion would not be heard until all the parties were served notices and made an interim order instead.
He adjourned hearing of the motion in the matter until Aug. 16.
Justice Okon Abang’s suspension order is a judicial recklessness – Makarfi-led PDP
The Makarfi-led The Peoples Democratic Party (PDP) has vowed to continue with its Wednesday national convention slated for Port Harcourt in spite of an interim order stopping the exercise.
This is contained in a statement signed by Prince Dayo Adeyeye, member of PDP National Caretaker Committee in charge of Publicity and issued to newsmen on Monday in Abuja.
Adeyeye said that the party’s attention had been drawn “once again to another act of judicial recklessness’’ by the Honourable Judge of the Federal High Court, Justice Okon Abang of the purported suspension of the party convention.
He said that a Federal High Court in Port Harcourt, had earlier in the day gave a clear order on the convention in favour of the party.
“A Federal High Court in Port Harcourt, Rivers State, has earlier in the day given a comprehensive Order wherein the Honourable Judge specifically ordered the PDP to proceed with the convention as scheduled without hindrance
“Indeed his lordship while given the Order mandated all relevant agencies including the Police, DSS and INEC to cooperate with the party in organising a hitch free National Convention.
“You may also wish to note that the Federal High Court in Port Harcourt, Rivers State, gave an Interlocutory Order while Justice Okon Abang, Abuja, gave an Interim Order.
“The Order of Port Harcourt is clearly superior and earlier in time to the Interim Order given by Justice Okon Abang.
“In the light of the above, PDP as a law abiding party is obeying the Order of the Port Harcourt Federal High Court until set aside by any competent Court of jurisdiction.
“In view of the above, the 2016 Repeat National Convention of the PDP will continue as scheduled,’’ Adeyeye said.
He added that the party welcomes all delegates, party leaders, other critical stakeholders, the Independent National Electoral Commission (INEC) monitoring team and other friends of PDP to Port Harcourt.
He wished the the members and supporters of the PDP a successful national convention.
Meanwhile, Mr Cairo Ojougboh, the deputy national chairman of the Ali-Modu Sheriff faction of the PDP, has said that the Makarfi led committee would not try to hold the convention.
He warned that if the committee goes ahead to hold the convention, in spite of the Abuja court order, it would face the consequence.
“The Abuja court has stopped them and it is obvious that the court in its order made reference to that of Port Harcourt they are relying on,’’ he said.
Convention will hold as planned – Gov. Wike
Gov. Nyeson Wike of Rivers said in Port Harcourt on Monday that the Peoples Democratic Party (PDP) National Convention would hold on Wednesday as planned.
Reacting to the Federal High Court order in Port Harcourt on Monday which described the scheduled convention as legal, Wike said that every arrangement was set, saying: “The court order has given us the baking to go ahead with the convention.’’
“Let me assure you that as the chairman of the planning committee, we are backed by law and the court that the convention will go ahead,’’ he said.
The Federal High sitting in Port Harcourt had granted an order validating the PDP national convention in Port Harcourt.
The order followed a motion on notice filed by the Secretary of the PDP National Convention Planning Committee, Sen. Ben Obi, before the court following ongoing leadership issues in the party.
Justice Ibrahim Watila gave an order asking the National Electoral Commission (INEC) to monitor the convention scheduled to hold on Wednesday.
Watila said that the judgment which recognised the May 21, 2016 PDP convention that produced the National Caretaker Committee had not been appealed against or set aside.
He held that no injunction against the August 17 convention was brought to the attention of the court during the hearing of Obi’s application.
Meanwhile, the court fixed Tuesday for the hearing of the originating summons.
