The Peoples Democratic Party has said it is set to go ahead with its scheduled national convention despite the conflicting court orders that came from Abuja and Portharcourt on Monday.
Addressing journalists in Port Harcourt, following the court judgments, Governor Nyesom Wike, who is Chairman of the PDP National Convention Planning Committee, said the party was backed by law to hold the convention in Portharcourt .
“Let me assure you that as the chairman of the National Convention Planning Committee, we are backed by law and the court that the convention will go ahead.
“The court has recognised the May 21 National Convention before now in its July 4, 2016, judgment.”
Reviewing the developments, the caretaker committee, yesterday, said it would go ahead with the convention on the claim that the order from Port-Harcourt, which it said came earlier, was interlocutory while Justice Abang’s order was interim.
A Federal High Court in Abuja had earlier on Monday suspended the convention
Justice Okon Abang said he gave the ruling to serve as a “judicial deterrent” for what he described as the “excesses of parties”.
Abang was expected to rule on an application filed by a faction of the party led by a former Kaduna State governor, Ahmed Makarfi, and a former senator, Ben Obi.
He had adjourned Monday’s hearing after granting the application by the faction.
The judge however took another decision after a lawyer representing another faction of the party led by Ali-Modu Sheriff, informed him that Mr. Obi had approached the Port Harcourt division of the Federal High Court to obtain an interim injunction.
The injunction compelled the Independent National Electoral Commission and security agencies to take part in the convention.
The judge said the act deserved a “judicial response”. “The plaintiff filed a motion on July 20, being an order restraining INEC from monitoring the national convention of PDP August 17. The court had adjourned the application to allow Makarfi and six others to join till August 15.
“Now that the applicants have been joined as parties. Opportunities should be given to the parties to say whether they are opposed to the application or not. The court was ready to adjourn to allow the newly joined parties to prepare their arguments.
“What is shocking is that Senator Ben Obi obtained an order on August 9 from the PH division for INEC and the security officers to provide security for the party in the convention. The action of Senator Ben Obi is grossly unacceptable. This is unfortunate and unfair,” said Mr. Abang.
“Having found that Senator Ben Obi had obtained an exparte order, there is an urgent need to take a consequential decision.
Senator Ben Obi cannot slap the court in the face and expect the court to adjourn the matter without making an interim order. Democracy is not anchored on the whims and caprices of any persons.
“If we are to uphold the rule of democracy, nobody is above the law,” he said. Citing a previous decision of the Supreme Court, Mr. Abang said the court had restrained parties from securing self-help, and maintaining status-quo pending the determination of any matter before the court of law.
“Lawyers and politicians must ensure that the hard earned democracy is protected. The court is here to ensure that there is no anarchy. Therefore in the exercise of my disciplinary jurisdiction, as stated by the Supreme Court and to maintain the dignity of the court; “An order is hereby made in the interim to suspend the August 17 convention pending the determination of the application filed on July 20,” he said.
His judgment came hours after another Federal High Court sitting in Port-Harcourt gave an order compelling the police and the Department of State Services, DSS, to enforce security at the convention ground.
The Federal High Court in Port Harcourt also issued an order compelling the Independent National Electoral Commission, INEC, to monitor the convention which it said should go ahead.
The go-ahead for the convention was given by Justice Ibrahim Watila in Port-Harcourt.
Delivering a ruling on a motion on notice filed by Secretary of the PDP National Convention Planning Committee, Senator Ben Obi for himself and other members of the National Convention Planning Committee against the Inspector-General of Police; Commissioner of Police, Rivers State, the Department of State Services and the Independent National Electoral Commission, INEC, in suit number FHC/ PH/CS/585/2016, Justice Watila ordered INEC to ensure that it monitors the national convention.
Justice Watila declared that the July 4, 2016 judgment of the Federal High Court in Port Harcourt affirmed that the May 21, 2016 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 17, 2016, National Convention in Port Harcourt brought to the attention of the court during the hearing of the application by Senator Ben Obi.
Justice Watila thus ruled that the police and the DSS should provide security for the convention while INEC was compelled to monitor the proceedings.
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.
Justice Watila adjourned the suit till August 16, 2016, for the hearing of the originating summons filed by Senator Ben Obi.
Senator Ben Obi told journalists after the ruling that with the granting of the interlocutory injunction, the party had the legal backing to carry on with the August 17 national convention.