PDP convention: One court says no, another yes

The federal high court in Abuja on Tuesday stopped the convention of the Peoples Democratic Party (PDP) from holding in Port Harcourt on Wednesday, as planned by the Ahmed Makarfi faction, but a separate court ruled otherwise.

This judgement was sequel to an application by counsel to the Ali Modu Sheriff faction seeking to stop the convention.

After hearing submissions from both parties on Tuesday, Okon Abang, the judge said: “An order of interlocutory injunction is hereby made restraining the defendants, any of them, their servant agents from conducting the national convention of PDP and supervising and monitoring same under any guise or electing any national officer of the defendant pending the determination of the substantive suit.

“An order of Interlocutory injunction is hereby made restraining PDP from presenting anybody and sponsoring any person for election and holding any national convention or conference in the purpose of electing any national officers of the second defendants.

“An order of Interlocutory injunction is hereby made restraining INEC from monitoring the national convention of PDP scheduled for Port Harcourt on 17th August.”

However, he said the judgments of the Port Harcourt division granting the Makarfi faction a go-ahead still subsists.

He added that they are processes of setting the judgement aside.

Earlier, Ferdinand Orbih, counsel to the Makarfi faction, told the court that they had filed an application challenging the jurisdiction of the court to hear the matter and a stay of execution of that order of the ruling by Abang on July 28.

He argued that he had not gotten the originating summons of the suit and could not respond to the application of interlocutory injunction stopping the convention filed by the Sheriff group.

Orbih asked the court for an adjournment to enable him respond properly but was denied.

Adeniyi Akintola, counsel to Ali Modu Sheriff, said the defendants flouted various orders of the court.

He said Dayo Adeyeye of the Makarfi group had described the order suspending the convention by the court as a “reckless” decision.

Countering Orbih’s claim, Akintola said the issue of originating does not arise, saying: “They chose they chose not respond to it.”

He urged the court to disregard Orbih’s submission.

Earlier on Monday, the same court “suspended” the convention, saying: “‎Where a party has taken law into its hands, and to maintain the dignity and integrity of the court and in the over all interest of justice, taking into consideration the competing claims of the parties, an order is hereby made in the interim suspending the PDP convention slated for August 17, 2016, pending when the plaintiff motion on notice dated July 20 is served.”

However, on Tuesday as well, Ibrahim Watila, judge of the federal high court in Port Harcourt, held that the national caretaker committee led by the Makarfi faction could go ahead with its convention as planned.

“It is necessary for the defendants to carry out their respective functions at the 17th August, 2016,” he said while ruling in the suit between Ben Obi, a former senator, the PDP, the police and INEC.

“This court will not shy away from protecting the sanctity of its judgment. The court has held that the appointment of the PDP national caretaker committee is valid.

“In view of the subsisting judgment of this Honourable Court in Suit No:FHC/PH /CS /524/2016, PDP V. Senator Ali-Modu Sheriff and others, the defendants cannot lawfully interfere or prevent the Plaintiff from organising /holding the Planned National Convention of the PDP to hold in Port Harcourt on August 17th 2016.”

The judge therefore directed the police, the department of state security (DSS) and INEC to participate and monitor the convention.