A Federal High Court in Abuja has restrained the People’s Democratic Party (PDP) from proceeding with its planned national convention slated for Port-Harcourt, Rivers State on August 17.
Justice Okon Abang, in a ruling Monday, granted an interim order directing parties in a suit before his court to suspend all plans and actions in relation to the convention pending the hearing and determination of a motion on notice for injunction filed by plaintiffs in the case.
The case was filed by Ali Modu Sheriff and other members of the National Working Committee of the PDP, which he heads.
The substantive suit was filed before the court’s vacation and assigned by the Chief Judge to Justice Abang’s court for hearing.
The plaintiffs’ motion for injunction dated July 20, 2016 is seeking various reliefs, principal among which is an order restraining INEC from monitoring the national convention of PDP to be held on August 17 in Port Harcourt.
The motion was slated for hearing on August 28, 2016 after the plaintiffs obtained the court’s leave for the motion on notice to be heard during its long vacation.
The motion was not heard on July 28 as scheduled, on account of a motion for joinder filed by Senator Ahmed Makarfi and six other members of his Executive Committee.
The motion was, again not heard yesterday owing to the various rulings of the court on some application, including the joinder application by Makarfi and others.
In one of the ruling, the judge granted the prayer by Makarfi and others and joined them as defendants in the suit.
Those joined were Makarfi, Ben Obi, Odion Ugbesia, Abdul Ningi, Kabiru Usman, Dayo Adeyeye and Alhaja Aisha Aliyu. They were joined as 3rd to 9th defendants.
After his clients were joined as parties in the suit, lawyer to Makarfi and others, Yunus Usman (SAN) applied for adjournment to enable him study the plaintiff’s motion for injunction, which was served on him in court yesterday by plaintiffs’ lawyer, Adeniyi Akintola (SAN).
Adeniyi, who did not object to Usman’s application for adjournment, prayed the court to make an interim preservation order to restrain parties from taking steps to dissipate the res (substance of the case).
Akintola, who drew the court’s attention to an order ex-parte obtained last week by a party in the case, Senator Ben Obi, from the Port-Harcourt division of the court, noted that the respondents have the habit of flouting court orders.
He said the order obtained by Obi from the Port-Harcourt court was intended to frustrate proceedings before the Abuja court.
Akintola said the court will be rendered helpless if no positive order was made and an adjournment was granted as sought by the defendants’ lawyer.
Ruling, the judge said it was shocking that, despite being aware of the plaintiffs’ motion for injunction, and also being aware that a ruling was to be delivered in his application to be made a party in the case before the Abuja court, Senator Obi, on August 9, obtained an ex-parte injunction from the Port-Harcourt division of the court, directing INEC to monitor the convention and security agencies to provide security.
“The action of Senator Ben Obi is unlawful and unfortunate. A court of coordinate jurisdiction cannot make an order that will neutralise the proceedings in another court of coordinate jurisdiction. The Port-Harcourt division of this court cannot make an order to neutralise proceedings in this court.
“Any court of coordinate jurisdiction that takes delight in making ex-parte order in frustrating another court of coordinating jurisdiction’s proceedings is entirely on its own,” the judge said.
He said he would have adjourned proceedings on the plaintiffs’ motion for injunction without making any preservative order, as requested by lawyer to Makarfi and others, Yunus Usman (SAN), but for an urgent and compelling need for such order in view of the action by Senator Obi and the need to take care of conflicting interests of parties before the court.
“Senator Ben Obi, with the greatest respect to him, is a senior and responsible citizen of this country. He cannot undermine the authority of this court. He ought to have waited for the court to deliver ruling in his application, which has now been delivered in his favour.
“Senator Ben Obi cannot slap the court in the face and expect the same court to grant him an adjournment in this matter without making any interim preservatory order.
“Democracy is anchored on the rule of law, not on the rule of self-help; not on the rule of might. Democracy is not anchored on the whims and caprices of any person, no matter hi position in the society. If we are to sustain this democracy, nobody should be above the law.
“Senator Ben Obi, with the greatest respect to him, cannot treat this court with disdain and levity. What is the need for rushing to another court for an order, when a court is already seised of your application? This is unfortunate and unfair,” the judge said.
Relying on the Supreme Court decision in the case of Lagos State v. Ojukwu1986 1 NWLR pt 18 at page 621, he noted that on no account must a party to a suit resort to self- help.
He said where a party takes the laws into his/her hands; the court must invoke its disciplinary jurisdiction to curb the excesses of the recalcitrant party, in exercise of the court’s power for the maintenance of its dignity and integrity.
“In the light of this, lawyers and politicians must ensure that the hard earned democracy is protected to avoid anarchy. If there is a breakdown of law and order, it is the masses of this country that will suffer. The politicians and senior lawyers will quickly find their way out of the country. The court is here to ensure that there is no anarchy.
“Therefore, in the exercise of my disciplinary jurisdiction, where a party has taken the law into its hands, and in line with the Supreme Court decision in the case of Lagos State and Ojukwu, in the interest of justice and competing interests of parties, an order is hereby made in the interim, suspending PDP convention slated for the 17th of August 2016 in Port Harcourt, Rivers State, pending when the plaintiff’s motion on notice dated 20th July 2016 is heard and determined,” the judge said and adjourned to 12 noon today, hearing of the plaintiffs’ motion on notice for injunction.
Earlier, the judge dismissed a motion filed by on behalf of the PDP by Ferdinand Orbih (SAN) seeking an order for stay of proceedings in the case pending the determination of an appeal he filed against the court’ ruling of July 28, 2016.
The court had, in the ruling, held that Orbih, who announced appearance for the PDP on the strength that he was briefed by the Makarfi leadership of the party, cannot appear in the case because the Makarfi group lacked the power to act on behalf of the party.
The judge allowed Olagoke Fakunle (SAN) who was briefed by the Sherif faction to represent the PDP in the case.
Ruling on Orbih’ application for stay of proceedings, Justice Abang held that the notice of appeal filed by Orbih was incompetent as he was not known by the court as a lawyer for the PDP.
The judge said: “Mr. F. O Orbih (SAN) has no right of appeal over the decision of this court and against the ruling of this court recognising O. Fakunle (SAN) as the counsel for the PDP.”
He said Orbih, having not been recognised as a party in the suit, he could only have appealed against decision of the court delivered on July 28 by first seeking the leave of the court to appeal as an interested person.
“Having not obtained leave to appeal against the decision of the court, it is my view that he (Orbih) has compiled nothing and transmitted nothing (as regard the record of proceedings which he said he had compiled and transmitted).
“Therefore, the compilation and transmission of records to the Court of Appeal is in nullity.”
The judge also said Orbih failed to file a verifying affidavit, exhibitting the notice of appeal that he filed with respect of the case as he ought to do.
“With the greatest respect to the learned counsel, he has laboured in vain. There is no evidence that the appeal has been transmitted,” he said.
Justice Abang, who noted that the court spent about five hours in resolving Orbih’ application, awarded N50,000 cost against him, to be personally by him, in favour of the plaintiffs.
Justice Abng equally dismissed a motion filed by one Sikirula Ogundele, asking for among other prayers, that the judge should disqualify himself from further hearing the case.
In the motion which was said to have been filed on his behalf by his lawyer, Yemi Oke, Ogundele, who is not a party to the suit, accused the judge of bias.
The judge was angered by the decision of the applicant to join him as a respondent in the appeal filed against the July 28 decision of the court by Ogundele.
A lawyer, Dolapo Kehinde, who initially held the brief for Oke, withdrew his appearance in the case when he could no longer defend the content of the motion.
Justice Abang, in upholding the request by Akintola and Fakunle for the dismissal of the motion, held that Ogundele “is a meddlesome interloper” in the case.He is a busybody wandering about.”
He said Ogundele and his lawyers also flouted the provisions of section 188 of the Evidence Act which grants a judge judicial immunity against being sued over his decision in the course of his official duty.
The judge said, but for the decision of Ogundele’s lawyer not to proceed with his application, he (the judge) would have cited him (Ogundele) for contempt for making contemptuous depositions in the affidavit supporting his application.
Monday’s proceedings, which started at 9am, ended at 4.45pm.
Parties are to return to court Tuesday at 12noon.
