Alex Enumah in Abuja
Justice Inyang Ekwo of a Federal High Court in Abuja, on Thursday refused to stay the execution of his order barring a former National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, from attending the party’s meetings slated for April 18 and 19, 2024.
Justice Ekwo, who refused to stay the order in a ruling, also refused similar request made by Chief Celestine Omehia and former Deputy Speaker of the House of Representatives, Hon Austin Opara.
The judge, in his ruling in three separate applications filed by Secondus, Omehia and Opara, held that the case of the applicants were grossly incompetent and lacking in merit.
Justice Ekwo had, two weeks ago, issued an interim order restraining Secondus from participating in the forthcoming meeting of the PDP pending the hearing of the substantive suit before the court.
He had made the order following an exparte application brought by one Titus Jones, a member of the PDP from Ward 5, Ikuru Town, Andoni Local Government Area (LGA) of Rivers State.
Jones, in a suit marked: FHC/ABJ/CS/440/2024, joined Secondus, PDP, Acting PDP Chairman, Umar Damagun; PDP Secretary, Samuel Anyanwu; PDP NEC; PDP National Working Committee (NWC); PDP Board of Trustees (BoT) and Independent National Electoral Commission (INEC) as first to eighth defendants respectively.
His lawyer, Mr Joshua Musa (SAN), had sought an order restraining the NEC, NWC, party’s chairman, secretary, and BoT from allowing Secondus to attend any of the meetings pending the hearing and determination of the motion on notice, having been suspended from the party.
When the matter came up on Wednesday, the court was informed of an appeal filed by Secondus challenging the interim order, as well as an application seeking the stay of the execution of the order made on April 5, 2024.
After listening to the parties on Wednesday, he had adjourned to Thursday to decide whether he will stay the execution of the interim order as a result of the appeal.
However, in his ruling, Justice Ekwo held that the case of the applicants was bereft of merit because they failed to challenge the interim order before going on appeal.
According to the judge, Rules 29 (9)(1) of the court provides a period of time within which anyone whom an exparte order is issued against to approach the court for a stay, adding that by filing an appeal at the appellate court the applicants were bypassing the law.
Meanwhile, the court also made an order further extending the interim order barring the applicants from attending PDP’s meetings pending the hearing and determination of the suits.
The court had in the ruling held that “An Order is hereby made restraining the first defendant from attending any meeting of the second defendant, be it caucus meetings, meetings of the National Executive Committee (fifth defendant) or Board of Trustees (seventh defendant) or any other meeting howsoever described participating in the proceedings, deliberations of any such meeting pending the hearing and determination of the Motion on Notice.
“Order is hereby made restraining the fourth defendant, his agents, servants, subordinates, officers howsoever described from giving any notice of meeting of the second defendant be it caucus meetings, meetings of the National Executive Committee (fifth defendant) or Board of Trustees (seventh defendant) or any other meeting however called to the first defendant who has been suspended from the second defendant pending the hearing and determination of the Motion on Notice.
“Order is hereby made restraining the second defendant, its officers, servants, agents, privies, organs howsoever described from granting access or allowing the first defendant to attend and/or participate in the meetings of the National Caucus, the National Executive Committee or the Board of Trustees or any other meeting of the second defendant while his suspension subsists pending the hearing and determination of the Motion on Notice.
“Order is hereby made restraining the eighth defendant, its officers, servants, agents howsoever described from according recognition to the report, proceedings, conclusions or resolutions reached at any meeting of the second defendant held in violation of the judgment in the case of Ibeawuchi Ernest Alex & 4 Ors, V. Prince Uche Secondus Suit No: PHC/2183/CS/2021 and Articles 30 (1) (S), 31(1) (u) and 32 (1) (b) of the Constitution of the Peoples Democratic Party (as amended in 2017) pending the hearing and determination of the Motion on Notice.”
Meanwhile, the court’s decision affected a similar suit seeking to bar Omehia and Opara from also attending the PDP’s National Executive Committee (NEC) meeting pending the hearing and determination of the main matter.
The matter has been adjourned till April 25 for hearing of the main suits.
