The Court of Appeal, Port Harcourt Division, on Friday, 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.
“By the result of this decision, the 6th Respondent (PDP) is empowered on the authority of this court’s decision to convene and to hold its National Convention without let or hindrance.
“There shall be no order for costs,” the enrolled order of the appellate court, seen by PREMIUM TIMES, read in part.
“The appellant’s notice of motion re-filed on October 27, 2021 Court of Appeal fails and it is hereby dismissed.”
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.
Those sued as respondents to his Appeal are: Ibeawuchi Alex, Dennis Amadi, Emmanuel Stephen, Emezurike Onouha,Godwin Manfred, PDP, Suleiman Nazif, Dan Orbih, Solomon Ogbonna, Uche Minikwu, and Samuel Anyanwu.
Suspension
Mr Secondus’ 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.
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 in Birnin-Kebbi which restored him to office.
But another High Court of Cross River State in Calabar 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.
Mr Muhammad, who chairs the National Judicial Council (NJC), had summoned the Chief Judges of the relevant courts which issued the orders in the cases and other ones.
Three judges are now facing NJC investigation over the matter.
Secondus’ abrupt ending
A lingering leadership crisis within the party had led to a gale of high-profile defections including governors from the party in the last few months.
Powerful blocs within the party blamed the crisis on Mr Secondus whom they insisted must go, even though his tenure still officially extends till December 9.
The court cases became the trigger for the last decisive moves to kick him out of office.
With the plan of the elective national convention to elect new National Working Committee (NWC) members underway, Mr Secondus recently wrote a letter to the different organs of the party intimating them of shelve any plan to replace him as his tenure woukd not end until December 9.
