PDP national convention: Court extends order permitting exercise to hold, despite Saraki’s counsel for stoppage

…As Judgment in Sule Lamido’s suit against PDP stalled

STEPHEN GBADAMOSI, IBADAN

An Oyo State High Court sitting in Ibadan, the state capital, presided over by Justice Ladiran Akintola, has ruled that the interim injunction earlier granted restraining any interference with the planned National Convention of the Peoples Democratic Party (PDP) scheduled for November 15 and 16, in Ibadan, remains in force.

Recall that former Senate President, Dr. Bukola Saraki, had earlier cautioned the PDP against going forward with the convention, contending that going forward with Saturday plan would further polarise the party.

But the judge extended the interim order until Friday (today), adding that the order would continue to subsist, pending the determination of the suit before the court.

The judge, after hearing submissions from counsel representing both parties, adjourned the matter to Friday (today) for continuation of the hearing.

Also ruling on an application for joinder filed by another party in the matter, Justice Akintola held that the application could not be entertained because it was not signed by the deponent.

However, counsel to the defendant, Emmanuel Ukala, SAN, argued that the issue of authorship did not render the application invalid since the identity of the deponent was well established.

He contended that the omission did not amount to a total absence of a signature.

In response, the presiding judge maintained that while the application could not be accepted in its present form, it could be refiled properly.

Speaking to journalists shortly after the proceedings, counsel to the claimant, Mr. Musibau Adetunmbi, SAN, explained the development, saying, “We were about to take the application for joinder when the court discovered that the affidavit was not signed.

“However, the other party has indicated interest in filing another one. That is what transpired in court today.”

He added that the interim injunction granted earlier by the court remains valid and enforceable pending the hearing of the substantive case.

It would be recalled that the court, in an earlier ruling on the ex-parte motion filed by the claimant/applicant, authorised the PDP to proceed with its National Convention as scheduled be held in Ibadan on Saturday.

The claimant/applicant had sought an order restraining the defendants, Acting National Chairman, Umar Umar Iliya Damagum; the governor of Adamawa State, Ahmadu Umaru Fintiri (for himself and members of the National Convention Organising Committee); and the Independent National Electoral Commission, INEC, from truncating or frustrating the conduct of the party’s convention.

The court also directed the PDP leadership to strictly adhere to the guidelines, timetable, and schedule of activities earlier released for the convention.

Meanwhile, judgment in the suit filed by former Gov. Sule Lamido of Jigawa, was, on Thursday, stalled at the Federal High Court in Abuja.

Lamido is challenging his exclusion from contesting the chairmanship position in the Peoples Democratic Party (PDP)’s national convention.

The judgment, which was fixed for Thursday by Justice Peter Lifu, could not be delivered.

The court registrar announced to lawyers and litigants, including the ex-governor, who were in court that the judgment was not ready and that parties would be communicated on the next adjourned date.

The News Agency of Nigeria (NAN) reports that Justice Lifu had, on Tuesday, fixed today for the judgment.

The judge fixed the date after counsel for Lamido, Jeph Njikonye, SAN; lawyer to PDP, Omokayode Dada, SAN; Joseph Daudu, SAN, who appeared for parties that were joined in the suit, and INEC lawyer adopted their processes and presented their arguments for and against the suit.

Justic Lifu had, earlier on Tuesday, restrained the PDP from going ahead with its scheduled national convention pending the hearing and determination of the substantive suit filed by Lamido.

The judge, in a ruling, also restrained the Independent National Electoral Commission (INEC) from monitoring, supervising or recognising the outcome of the convention, pending the hearing and determination of the suit before him.

Justice Lifu held that the motion ex-parte filed by the applicant, Lamido, was meritorious and accordingly succeeded.

The judge held that evidence from Lamido showed that the timetable for the convention was not published for the attention of its members as required by law.

Justice lifu also held that the balance of convenience tilted towards Lamido because he would suffer more if allowed to be unlawfully excluded from the planned convention, hence, it was necessary to grant the preservative order.

The judge then stood down the matter for some hours to allow parties regularise their processes.

When the case was recalled, parties adopted their processes and presented their arguments in the matter and the judge fixed Nov. 13 for judgment.

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