Wednesday, 19 November 2014

High Court extends injunction against PDP

The Federal High Court, Abuja pre sided over by the Hon. Justice A. F.A. Ademola today extended the life of the interim injunction earlier granted on the 7th November, 2014 against the PDP and its Chairman, Alhaji Adamu Muazu and the Central Working Committee of the Party. Hon. Umana Okon Umana had on the 7th November, 2014 obtained Interim Injunction against the PDP and INEC on the following terms: 

1.       An Order of Interim Injunction restraining the 1st and 2nd Defendants from acting on the Press Statement issued by the National Publicity Secretary of the PDP, Mr. Olisa Metuh on the 29th October, 2014 to the effect that only governorship aspirants from Eket Senatorial District of Akwa Ibom State were eligible to contest the Party’s primaries pending the hearing and determination of the Originating Summons herein. 

2.       An Order of Interim Injunction to restrain the Peoples Democratic Party (PDP) from excluding or in any way or manner preventing the Plaintiff from participating in the Governorship Primaries of the Party in Akwa Ibom State slated for the 29th November, 2014 or the processes related thereto pending the hearing and determination of the Originating Summons herein. 

3.       An Order of Interim Injunction restraining the 1st and 2nd Defendants from using the results of the Ward Congresses of 1st November, 2014 in Akwa Ibom State for any purpose and the 3rd Defendant from recognising the results of the Ward Congresses for any purpose; the Plaintiff and his supporters having been prevented from participating in the said Congresses following the 1st and 2nd Defendants’ Press Statement excluding the Plaintiff; pending the hearing and determination of the Originating Summons herein. 

When the case came up today, the PDP was represented by Paul Usoro, SAN. He claimed to have been served with the court processes late and as a result could not file documents to oppose the Plaintiff’s claims. The case was adjourned to Wednesday the 19th November for hearing. In another development, a similar case with the same prayers; Hon. Lady Roberta Nyong v. PDP & Ors suit No. FHC/ABJ/CS/819/2014 was also heard by the same court. There was a mild drama when Mr Paul Usoro sought to stop the court from hearing the Motion Exparte for interim injunction on grounds that he was already in court representing the Defendants. Justice Ademola reminded him that the matter was Exparte and that there were so many cases on the point dissuading him from giving him a hearing on the matter. 

The Exparte order injunction was also granted in favour of Lady Roberta Nyong. The Judge advised Mr Usoro to await the service upon him of all the court processes and to file his reply on Monday the 17th November, 2014. The subsisting interim injunction was extended to the 19th November, 2014 when full arguments are expected to be made. The Plaintiffs are complaining about the decision of the PDP National Working Committee to zone the Governorship position to Eket Senatorial District midway into the campaign for the governorship candidacy of the party, long after they had purchased the Nomination forms of the party at ¦ 11,000,000.00 each. They complain that the decision has the tendency of discriminating against them on account of their ethnicity, place of birth, etc; an act they view as unconstitutional and invalid. The two plaintiffs are from Uyo senatorial district of the State.  

The two cases were filed by Chief Victor Iyanam, a former Attorney General of Akwa Ibom State. At the hearing of the cases, the following lawyers prosecuted the case on behalf of Hon Umana Okon Umana and Lady Roberta Nyong, another Governorship aspirant from Uyo Senatorial District. They are A. Okeaya Inneh, SAN, Chief Victor Iyanam and Ubong Offiong, Esq.

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