Court Validates PDP National Convention, Orders INEC to Monitor Exercise

Court Validates PDP National Convention, Orders INEC to Monitor Exercise

·        Wike: PDP Convention backed by all authorities

 

The Federal High Court sitting in Port Harcourt has said the August 17 national convention of the Peoples Democratic Party (PDP) scheduled for Port Harcourt was in line with the July 4 judgment of the court which validated the May 21, 2016, national convention of the party.

 

The court also ordered the Independent National Electoral Commission (INEC) to monitor the convention.

 

It also ordered the Inspector General of Police (IG), the Director General of the Department of State Security (DSS), the Rivers State Commissioner of Police and the Rivers State Director of the DSS to provide security at the convention.

 

These came as Rivers State Governor and Chairman of PDP National Convention Planning Committee, Nyesom Wike, declared that the convention would go on as planned because it was backed by the courts and all authorities.

 

Ruling on an application for interlocutory injunction brought before the court in suit no: FHC/PH/CS/585/2016 between Senator Ben Obi (Plaintiff) on behalf of the National Convention Planning Committee of the PDP, and the Inspector General of Police, State Commissioner of police, the DSS, the state director of the DSS and INEC (as defendants), the Presiding Judge, Justice Ibrahim Watila, noted that the July 4 judgment of the court had not been upturned by any appellate court and so was subsisting.

 

He also noted that the defendants in the suit were appropriately served but failed to enter appearance in the suit, adding that would not be an excuse for him not to rule on the application.

 

Watila declared that the July 4 judgment of the Federal High Court in Port Harcourt recognised the May 21 National Convention which produced the National Caretaker Committee has not been appealed against  or set aside, hence it behoves  the court to protect that judgment. 

 

The court added that there is no injunction against the holding of the August 17th, 2016 National Convention in Port Harcourt brought to the attention of the court during the hearing of the application by Senator Ben Obi. 

 

 

The motion was filed by Wori N. Wori on behalf of Senator Ben Obi relying on a 30-paragragh affidavit deposed to by Felix Obuah.

 

“The 1^st, 2^nd, 3^rd, 4^th and 5^th defendants are hereby restrained from in any manner howsoever from interfering with the conduct of the national convention of the Peoples Democratic Party (PDP) scheduled to hold in Port Harcourt on Wednesday, the 17^th day of August 2016 or any other date and venue pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide,” Watila ordered.

 

He also ruled, “The 1^st, 2^nd, 3^rd and 4^th defendants are hereby mandated to provide security for the national convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday, August 17 2016 or any other date and venue pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.

 

“The 5^th defendant (INEC) is mandated to monitor the National Convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday August 17, 2016  or any other date and venue pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.”

 

The court also ordered that the police, DSS and INEC be served by substituted means through their respective offices in Port Harcourt.

 

The court declared that it found the affidavit  tendered by the plaintiff/applicant to be true, pointing out  that  it was at no point contested by the defendants, even though they were duly served.

 

Watila adjourned the suit to August 16 for the hearing of the originating summons filed by Senator Ben Obi. 

In an interview after the ruling, Counsel to Senator Ben Obi,  Wori Nyeche Wori said with the granting of the interlocutory injunction, the party has the legal backing to carry on with the August 17 National Convention in Port Harcourt. 

 

Addressing journalists after the ruling, Rivers State Governor, Nyesom Wike said everything was set for the convention. 

 

His words: “It (court ruling) is a good news because many people have been wondering whether the national convention will hold as a result of certain remarks by certain persons, but let me assure you very well that we are going ahead with the National Convention. We are backed by all authorities, by the law that the convention will go ahead based on the fact that the court has recognised the convention before now from the July 4^th, 2016 judgment.

 

“Again, today, the Federal High presided over by Justice Ibrahim Watila has reconfirmed the judgement of Justice Liman that INEC should monitor the convention and security agencies should provide security as required.

 

“Today’s matter was instituted by the PDP Caretaker Committee against INEC and security agencies. One of the reasons being that the security agencies were party to the judgement of July 4, 2016.

 

“Since the court upheld the convention that was held on the 21^st of May 2016, the Caretaker Committee of the party felt it should go a step further to make sure the judgement of the court was implemented. Now, the court has said that INEC should monitor the election as required by law, knowing full well that INEC has been dealing with the Makarfi-led committee. By the grace of God, everything is set for the national convention to take place on the 17^th of August (Wednesday).”

 

Reacting to the condition given by the ousted national Chairman of the party, Senator Ali Modu Sheriff, that Wike should step down as the chairman of the convention planning committee and that the convention should be held in Abuja, Wike said Sheriff was being petty and was in no position to dictate to the party.