Courts issue conflicting orders
It‘ll hold – Wike
Don’t try it, Sheriff warns
He’s on evil mission – Fani-Kayode
By Emeka Eze, Vivian Okejeme, Abuja and Iyalla Adaye, Port Harcourt
With just 48 hours to the Peoples Democratic Party’s National Convention in Port Harcourt, Rivers state, the event has come under legal threat as two Federal High Courts of same coordinate jurisdiction, yesterday issued conflicting orders on the exercise slated for tomorrow (Wednesday)
While the Port Harcourt Division of the court gave a go ahead, that of Abuja suspended the event to enforce its “disciplinary jurisdiction”, to protect the court’s integrity.
And from former Aviation Minister, Femi Fani-Kayode, came another hard one on Ali Modu Sheriff, the ousted chair, whom he described as a liar on an evil mission to destroy the party.
However, Sheriff, who was silent on Fani-Kayode’s attack, warned PDP against flouting court order. He said: “I know they will not try it. If they continue with the convention, they do so at their own peril and they will face the consequence.”
Notwithstanding the confusing scenario, the party has vowed to go ahead with the convention, saying it has legitimate ground to do so.
The PDP chair has been a subject of legal tussle as the erstwhile acting chair, Senator Sheriff, insists that he remains in charge, arguing that the Port Harcourt Convention which sacked his National Working Committee, was illegal.
But the Senator Ahmed Mohammed Makarfi-led National Caretaker Committee prides itself as the authentic leadership of the party, with some court judgements to back its position.
The back and forth continued until yesterday, when Justice Okon Abang of the Abuja Division of the Federal High Court, stopped the Makarfi-led caretaker committee from going ahead with the planned convention.
Convention stopped
In his ruling, Justice Abang ruled that the interim order would subsist till the motion filed by the Sheriff-led group, seeking an interlocutory injunction against the convention is heard and determined today (Wednesday).
At the last adjournment, the judge heard the Markafi faction’s application to join the suit as a defendant, and therefore fixed yesterday for ruling.
He overruled Sheriff’s faction’s opposition to the application, and ordered that Markafi and the rest applicants be joined as the third to the ninth defendants.
Granting the interim injunction yesterday, Justice Abang chastised Senator Ben Obi, a member of the Makarfi committee, for allegedly rushing to the Port Harcourt Division of the Federal High Court to obtain an ex parte order directing security agencies and the Independent National Electoral Commission to monitor the scheduled convention.
He further described as a slap on the court’s face Obi’s act of “secretly” obtaining another order at Port Harcourt to proceed with the convention, when the ruling of the court on the application filed by him and others seeking to be joined in the suit as parties, was being awaited.
He said the Port Harcourt order was obtained to neutralise the proceedings of the court, ruling that “Senator Ben Obi cannot treat the court with levity. What is the reason for rushing to another court when the court is already seized of this matter? His action is unfortunate and unlawful.
“I want to point out that a court of coordinate jurisdiction cannot make an order that will neutralise the proceedings of this court. The Port Harcourt Division of this court cannot make an order to neutralise the proceedings of this court,” Justice Abang further declared.
To this end, the presiding judge said, he was, therefore, inclined to granting the interim order suspending the convention in exercise of his “disciplinary jurisdiction” in order to maintain the integrity of the court, and adjourned till today for hearing of the application to stop the convention.
Port Harcourt Division counters
Giving a contradictory order, however, Justice Ibrahim Watila of the Port Harcourt Division of the court, not only validated the exercise, but also directed the Independent National Electoral Commission (INEC) to monitor party’s national convention.
The court similarly directed the Inspector-General of Police, the Rivers state Commissioner of Police and the Director-General of the Department of State Services, to provide security for the exercise.
The court also ordered that the Police, DSS and INEC be served by substituted means through their respective offices in Port Harcourt.
Delivering a ruling in a motion on notice filed by Secretary of the PDP National Convention Planning Committee, Senator Ben Obi for himself and other members of the convention committee against the Inspector-General of Police the 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, recognised 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 tomorrow’s convention, brought to the court’s attention during the hearing of the application by Obi.
To this end, he ruled that “the 1st, 2nd, 3rd and 4thdefendants are hereby mandated to provide security for the national convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday, August 17, 2016 or any other date and venue pending the hearing the originating summons as the honourable court may decide.
“The 5th defendant (INEC) is mandated to monitor the National Convention of the Peoples Democratic Party scheduled to hold in Port Harcourt on Wednesday August 17, 2016 or any other date and venue pending the hearing and determination of the originating summons as the honourable court may decide.”
The court further 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 to today for the hearing of the originating summons filed by Senator Ben Obi.
We‘re proceeding – PDP
Speaking with journalists after the ruling, counsel to Senator Obi, Barrister Wori Nyeche Wori, said with the granting of the interlocutory injunction, the party has the legal backing to carry on with the convention.
In a similar vein, Chairman of the PDP National Convention Planning Committee, and Rivers state Governor, Nyesom Ezenwo Wike has declared that the convention will proceed as scheduled.
Addressing journalists in Port Harcourt, Governor Wike said, everything was set for the convention.
He said: “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. Again, today, the Federal High Court has re-confirmed that INEC should monitor the August 17, 2016 National Convention and that the security agencies should provide security as required”.
He noted that the said suit was filed by the Caretaker Committee against INEC and security agencies because they were party in the July 4, 2016 Judgment.
Fani-Kayode slam Sheriff
Meanwhile, former Aviation Minister and a chieftain of the party, Mr. Fani-Kayode, yesterday continued his attack on Sheriff, accusing him of being on an evil mission to destabilise the party.
According to him, Sheriff is not a stranger to such a role as he was allegedly used by former President Olusegun Obasanjo to destroy the All Peoples Party (APP), claiming that he was also on same mission for President Muhammadu Buhari for the main opposition party.
In an interview with Channels Television, the ousted party chair, said, but for former President Goodluck Jonathan and 20 others, who pleaded with him, he would have taken Fani-Kayode to court for referring to him as ‘Boko Haram’.
Faulting the claim in a statement personally signed by him, the former minister said the Borno state governor lied.
He said: “Lying Ali Modu Sheriff told Channels TV last night that I sent people to beg him for claiming that he was Boko Haram. These are the lies of a desperate and drowning man. He came to destroy the PDP and if we did not rise up against him and kick him out when we did he would have succeeded in his mission. I am proud to have been the first to see him for what he is and to publicly blow the whistle on him.
“I was one of those that led the rebellion against him and orchestrated the campaign to push him out and dump him as the National Chairman of our party, and many have thanked me for that, including some of those that brought him in, in the first place and attempted to impose him on us.
“The man is of the devil and no one should believe a word that comes out of his mouth or take him seriously. He is a curse to the PDP and the sooner he is kicked out of the party, the better it is for us all.”
On the issue of changing political parties, Fani-Kayode said, “lying Ali Modu Sheriff has changed political parties no less than four times in the last few years.
“Each time he goes to a new party that is not in power at the centre, he assumes the role of a government mole and spy and tries to destroy it from within on behalf of the government of the day.
“That is his modus operandi. On return, he gets protection from the state for all the many atrocities he has committed over the years. He has betrayed everyone and every political party he has ever worked with or for.
“Go and ask around. We used him to spy on and destroy the APP when Obasanjo was in power and now Buhari is using him to destroy the PDP. Luckily he has failed because 99 per cent of PDP members have rejected him and now he is on his own.”
