Rivers Congresses: Court Confusion as SANs Compete to Represent PDP’s Acting Chairman Damagum and Others
A mild drama played out at the Federal High Court, Abuja, on Thursday, as three Senior Advocates announced representation for the acting National Chairman of the Peoples Democratic Party, PDP, Umar Damagum, in a suit challenging the conduct of congresses of the Rivers State chapter of the PDP.
Justice Peter Lifu of the Federal High Court, Abuja, had last month issued an order restraining the PDP, the Independent National Electoral Commission, INEC, and security agencies from stopping, truncating, frustrating or disrupting the wards, local governments and state congresses of the party slated for July 27, 2024.
He subsequently adjourned to August 15, for a hearing in the suit brought by six loyalists of the Minister of the Federal Capital Territory, FCT, Chief Nyesom Wike.
When the matter was called on Thursday, shortly after K. C. O. Njemanze, SAN, announced his appearance for the plaintiffs, two other SANs Chief Ferdinand Orbih and Kamaldeen Ajibade stood up at the same time to announce representation for the 1st to 4th defendants the PDP, Damagum, National Secretary, Senator Samuel Anyanwu and National Organizing Secretary, Hon. Umar Bature.
Intervening, the court ordered the senior SAN to take the first shot, and accordingly, Orbih announced his appearance, when he was done, Ajibade subsequently did the same for the same parties.
But, the drama did not end there as another senior advocate, Sunday Ibrahim Ameh, also stood up to announce representation for the same set of defendants in the matter.
Justice Lifu, not wanting the commotion to escalate, prompted the members of the inner bar to resolve the issue among themselves, following which Orbih applied for a short adjournment to enable them to do the needful.
Since the request for adjournment was not opposed by any counsel, the court subsequently fixed August 30, for a hearing.
“The justice of this case demands an adjournment and consequent upon the agreement of counsel, this matter is adjourned till August 30, for final report on the counsel representing the 1st to 4th respondents, sequel to a meeting to be so held”.
Justice Lifu directed that “if the meeting fails,0” then the senior lawyers should file a motion alongside an affidavit provenproving that they were actually engaged by the parties in the suit.
While stating that all pending motions would be heard at the next adjourned date, the judge invoked the powers of the court to extend his previous ex-parte order restraining PDP and security agencies from stopping the Rivers State congresses, pending the hearing and determination of the main suit.
Meanwhile, due to the stalling of the case, the court could not take the application of some persons seeking to be joined as defendants in the suit.
Their lawyer, Chief D. O. Okoro, SAN had at Thursday’s proceedings drawn the court’s attention to the motion for joinder.
The applicants include; David Omereji, Prince Solomon Eke, Isoboye Tobin, Goody Pepple, Okijah Chigozirim, Ogoloma Amachree, Goodfriday Nweke, Alfred Letam, Wechie Raymond, Mrs Erebie Micheal and Ogenma Idalumimulu.
It will be recalled that Justice Sobere Hambo, had last month while ruling in an ex-parte application brought by the Caretaker Committee Chairman of Emohua Local Government Area, David Omereji and 10 others restrained the party alongside three national executives from holding the planned congresses at any other location or date pending the determination of the motion on notice already filed.
But, Justice Lifu in his ruling a week later, ordered the PDP, Damagum, Anyanwu and Bature to proceed with the conduct of the said congresses initially slated for July 27.
According to the ruling, the PDP and the three national officers must adhere strictly and honour the provisions of the guidelines, adjusted timetable and schedule of activities 2024, duly issued and published by the party, pending the determination of a motion on notice for interlocutory injunction filed along with the motion ex-parte.
Justice Lifu had also restrained the party and its officers from allowing any person who did not obtain a nomination form or ad-hoc form within the time stipulated in the guideline from running for any elective office of the PDP or ad-hoc or national delegates positions, pending the determination of the motion on notice already filed.
In granting the request of the plaintiffs, the Judge had ordered them to enter into a fresh undertaking to indemnify the defendants if, by the end of the day, the court discovered that it was misled into granting the restraining orders.
The said amount for damages according to Justice Lifu would be assessed by the court.
The six PDP members who filed the ex-parte application are; Hon Aaron Chukwuemeka, Dr Benibo George, Solomon Ogbonna, Lenebari Inaania, Enia Harris and ThankGod Owhorji.
The defendants in the ex-parte motion marked: FHC/ ABJ/ CS/106/12014 are; PDP, Damagum, Anyanwu, Bature, INEC, Nigeria Police Force, Inspector General of Police, Commissioner of Police, Rivers State, Director General, State Security Service (SSS) and DSS as 1st to 10th defendants respectively.
