Court bars PDP’s National Legal Adviser from interfering in Rivers matter
A Federal High Court sitting in Port Harcourt has barred the National Legal Adviser of the People’s Democratic Party, PDP, from appearing before it in the matter seeking to affirm the declaration of the seats of the 27 lawmakers, who left PDP for All Progressives Congress, APC, vacant.
The Court gave the ruling in suit No. FHC/PH/CS/90/2024 between Hon Victor Oko Jumbo & 2 ors Vs Hon Martins Chike Amaewhule & 28 others.
The matter was transferred from FHC 4 presided over by Justice Steven Dalyop Pam, to court 2, handled by Justice E.O. Obele.
Justice Obele’s decision came after National Legal Adviser Kamaldeen Ajibade challenged the State Legal Adviser’s authority to appoint Joshua Musa as legal representation in a suit marked FHC/PH/CS/90/2024 filed by the Victor Oko-Jumbo and two others against Martin Amaewhule and 25 others.
The court’s decision follows a previous ruling by the Federal High Court in Abuja, in the case of Ambassador Desmond Akawo v. Peoples Democratic Party & 2 ORS (Suit No PHC/ABJ/CS/112/2023), delivered on September 20, 2023.
The Abuja court had interpreted Article 46(1) of the PDP’s Constitution, affirming that the State Legal Adviser has the authority to appoint legal representation for the party at the state level.
Obele in his ruling, declared that the National Legal Adviser of the PDP, Kamaldeen Ajibade, lacks the authority to direct counsel Joshua Musa, appointed by the State Legal Adviser, to withdraw from the case.
He ruled that Musa was duly briefed by his client, Barr Kingsley Chukwu, the State Legal Adviser.
Justice Obile’s ruling emphasized that Legal Advisers at different levels possess equal legal powers.
He stated that the National Legal Adviser has no authority to handle PDP cases at the state level, leading to the strike-out of Ajibade’s motion and application as the 30th defendant in the suit.
The court also granted an injunction, restraining the National Legal Adviser from interfering with the State Legal Adviser’s duties on behalf of the Rivers State PDP chapter.
The court based its decision on Article 46(1) of the PDP constitution, which empowers the State Legal Adviser with the same authority as the National Legal Adviser, as stipulated in Article 42.
The injunction effectively bars the National Legal Adviser from objecting to the State Legal Adviser’s performance of their functions, ensuring the State Legal Adviser can carry out their duties without hindrance.
The court struck out all processes filed by Ajibade and awarded ₦100,000 in costs to Joshua Musa and adjourned till the 16th of October to take adoption of Processes filed in the originating summons
In a related development, the court in a suit no.FHC/PH/269/2023 filed by members of the Because Of Our Tomorrow (BOOT) party in Rivers State, against Martin Amaewhule and twenty-five others, Justice Obile adjourned to November 4th for a hearing on the motion on legal representation.
It follows an argument by the lawyer sent by the National legal adviser of the PDP B. R Gold SAN that he is the legal representation for the party on the matter.
The judge also adjourned to October 16th for a report of service on the suit filed by the Labour Party against the Rivers State House Assembly, Martin Amaewhule and twenty-eight others
