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| Chairman of INEC, Prof. Mahood Yakubu |
The leadership of the
Independent National Electoral Commission on Tuesday was confused on whether to
monitor or stay away from Wednesday’s (today) national convention of the
Peoples Democratic Party in Port Harcourt, Rivers State.
The
Punch report continues:
Justice
Okon Abang of a Federal High Court in Abuja on Tuesday had insisted that the
PDP must stop its planned national convention.
The
judge gave a stern warning to the Chairman of INEC, Prof. Mahood Yakubu, not to
monitor the convention. The judge also ordered the Inspector-General of Police,
Ibrahim Idris, to enforce the court’s order.
Justice
Abang’s order is contrary to another order by Justice Ibrahim Watila of the
Port Harcourt Division of the Federal High Court, directing the IGP to monitor
the convention.
Warning
that the disobedience of court orders could cause anarchy, Justice Watila
pointed out that the National Caretaker Committee of the PDP remained the
executive authority in all matters concerning the party.
Our
correspondent, who visited the headquarters of the commission in Abuja on
Tuesday, was told by some national commissioners that INEC was in a dilemma
over which order of the different courts it should obey concerning the
convention.
It
was learnt that the commission had sent a delegation to Port Harcourt, based on
the Rivers State court ruling, mandating it to monitor the convention.
The
ruling of Justice Okon Abang on Tuesday, insisting that INEC must stay away
from the convention, was said to have put the commission in a dilemma over what
to do.
One
of the national commissioners, who spoke on condition of anonymity, said while
the commission was willing to obey court orders, the two judgments had put it
in a state of confusion.
He
said, “ We have just been told that we should not be at the convention on the
order of Justice Abang. Yet, another court in Port Harcourt said we must be
there. These are same courts with same powers under the same President, because
the Federal High Court in the country is headed by a President.
“Are
these judges reading different laws or constitution? Can’t the President of the
Federal High Court call his men to order?
“If
we go to Port Harcourt for the convention, a judge will say we flouted his
order and if we don’t go, another one will frown at our action.”
The
Director, Publicity and Voters Education, INEC, Mr. Oluwole Osaze, told
our correspondent that the commission was waiting to be served with the order
of Justice Abang before deciding on the next step to take.
He
said, “We are in dilemma over which order to obey for now. One order asks us to
go, another says we should not. We are waiting to be served with the order of
Justice Abang before knowing what to do.”
A
deputy director in the same department, Mr. Nick Danzang, said the officials of
the commission were on standby in Port Harcourt.
He
said, “Although the commission has been served the Port Harcourt court
judgment, it has yet to be served the Abuja court judgment by Justice Abang.
“In
the meantime, our monitoring workers are on standby.”
Don’t
monitor PDP convention, judge warns INEC
Justice
Abang had on Tuesday turned the interim order, stopping the PDP national
convention, into an interlocutory injunction that would subsist till when the
substantive suit was determined
He
adjourned the hearing of the case till September 7, 2016, but gave a stern
warning to INEC chairman not to monitor the convention.
The
judge also ordered the Inspector-General of Police to enforce his order.
Justice
Abang, who faulted the decision of the Port Harcourt Division of the Federal
High Court to assume jurisdiction on the case relating to the PDP convention,
also directed that his order be endorsed with Form 48 (notice of disobedience
of court order) and served on INEC chairman.
Justice
Abang said failure by INEC or any of the defendants to comply with his order
would ‘‘attract disciplinary action provided the plaintiffs know what to do.”
He
said the Ahmed Makarfi-led caretaker committee members, who were on Tuesday
joined as the third to the ninth respondents, adopted a strategy of not filing
a counter-affidavit, adding that other processes were not found in the court
file.
“They
must sink and float with their legal strategy,” the judge said.
Justice
Abang said the request for an adjournment by their counsel, Mr. Yunus Ustaz
(SAN) and Chief Ferdinand Orbih (SAN), after the plaintiffs’ counsel, Chief
Adeniyi Akintola (SAN), had moved a motion for an interlocutory injunction, was
an afterthought.
Justice
Abang ruled, “ The facts deposed to by the plaintiffs are credible and
deserving to be granted the application in the overall interest of justice. I
so hold…
“I
make the following orders:
“An
order of interlocutory injunction is hereby made restraining the defendants
(the nine of them), their servants, agents, howsoever named from conducting the
national convention of the PDP and from supervising or monitoring same under
any guise and for electing any national officer of the (second) defendant
(PDP), and for recognizing same in any manner whatsoever, pending the
determination of the substantive suit.
“An
order of interlocutory injunction is, hereby, made restraining the PDP from
presenting anybody and from sponsoring anybody for election into its offices
and holding national convention, conference, whatever name for the purpose of
electing national officers of the second defendant, pending the determination
of this suit…
“An
order of interlocutory injunction is, hereby, made restraining INEC from
monitoring the national convention of the PDP scheduled for Port Harcourt on
Wednesday, August 17, 2016, or any other day and from accepting, publishing or recognizing, conference or convention howsoever named being planned by the
second defendant.
“The
Inspector-General of Police shall enforce the order until all applications are
disposed of.
“The
plaintiffs shall endorse Form 48 and serve all the defendants, especially INEC,
to accompany the order.
“Learned
counsel for INEC shall inform the chairman of INEC of the court’s decision and
failure to comply with the order of the court will attract disciplinary action
against any party in disobedience, provided the plaintiffs know what to do.
“Any
party that fails to comply with the subsisting order of this court shall have
himself to blame. Nobody should bring himself into direct confrontation
with this court.”
The
judge blamed the Port Harcourt division of the Federal High Court for the
conflicting orders.
He
said the attitude of his colleague had been condemned by the Supreme Court in
2004.
“This
unenviable situation would have been avoided if the judge in the Port Harcourt
division of the court had refused to assume jurisdiction over a case filed on
August 9 after the Abuja division was already handling a similar case filed in
July.
He
said, “Therefore, the Port Harcourt division of the Federal High Court cannot
make an order neutralizing the order made by this court.”
Our decision valid –
P’Harcourt court
But
the Federal High Court sitting in Port Harcourt, Rivers State, on Tuesday
insisted that the July 4, 2016 ruling of Justice M. Liman that removed the
former acting National Chairman of the Peoples Democratic People, Ali Modu
Sheriff, remained valid.’’
Justice
Watila said, “This court will not shy away from protecting the sanctity of its
judgment. The court has held that the appointment of the PDP National Caretaker
Committee is valid.
Justice
Watila stated that court records showed that the proceedings and order of
August 10, 2016, and the interlocutory injunction of August 15, 2016, were
served on the defendants with proof of service.
Warning
that disobedience to court orders could cause anarchy, Justice Watila stated
that the National Caretaker Committee of the PDP remained the executive
authority in all matters concerning the party.
PDP convention’ll
hold, Wike insists
THE
Chairman of the National Convention Planning Committee of the Peoples
Democratic Party and the Rivers State Governor, Chief Nyesom Wike, said despite
the ruling of a Federal High Court in Abuja, the party’s convention would hold.
Wike
described the verdict of the court in Abuja on Tuesday as an interlocutory
injunction, adding that a Federal High Court in Port Harcourt had earlier on
the same day delivered a judgment that the PDP convention should hold.
The
governor explained that the leadership of the PDP was in Port Harcourt,
maintaining that nobody could scuttle the democratic process in the party.
“The
PDP is ready for its national convention. Based on the court judgment of
July 4, 2016, we are going ahead with the convention.
“The
judgment of the Federal High Court in Port Harcourt today says the national
convention should go ahead. We are also aware that the judgment of the Federal
High Court in Port Harcourt also validates the judgment of July 4, 2016.
“Again,
what the Abuja court only gave was an injunction and the court in Port Harcourt
gave a judgment that the PDP convention should hold on August 17, 2016,” he
said.
‘I’ll report corrupt
judges to NJC, CJN’
Sheriff,
the factional chairman of the PDP, said he would send a petition to the Chief
Justice of Nigeria, Mahmoud Mohammed, and the National Judicial Council against
some judges of the Federal High Court in the country.
He
alleged that some of the judges had demonstrated “unethical behaviour.”
He
alleged that the unnamed judges ought to be removed from the system in order to
restore sanity to Nigeria’s judiciary.
Sheriff
spoke at an emergency press conference in Abuja on Tuesday.
He
said he was shocked by the order issued by a Federal High Court in Port
Harcourt in which Justice Watila Mohammed validated Wednesday’s (today)
national convention in the state on the grounds that the July 4, 2016 ruling,
which upheld the decision taken at the May 21, 2016 convention, was still
subsisting.
Sheriff
expressed frustration and disappointment at the ruling of the Rivers court.
He
said, “We are shocked with that ruling. All the judges in Nigeria are on annual
vacation.
“We
have been in court with all of them for the past one month on an issue that a
judge went into in Port Harcourt which started on Friday. People went and filed
court cases on Thursday and got an ex parte motion, which has been
frowned at by the judiciary for now.
“Most
stakeholders in the judiciary don’t want ex parte motion because it
denies others justice.
“But
let’s accept that the judge decided to do that. The life span of the ex
parte motion is 14 days, which means you have time to serve the other
people to respond.
“On
Thursday, the judge gave an ex parte motion. The next day he
converted that ex parte motion to an interlocutory order. On Monday,
he sat and heard the main case to give a ruling or judgment today at 2pm
without allowing us as defendants to defend ourselves.”
“This
morning, when our lawyers went to court, the judge authorised all the registry
staff to run away.
“Our
lawyer, a Senior Advocate of Nigeria, immediately called everybody in Nigeria
that the judiciary should not be destroyed. From 9am till now (4pm), they are
receiving our own response to the application.
“The
truth about it is that the whole thing is a hoax.”
While
calling on the CJN to sanitize the judiciary, Sheriff said, “We are calling on
the Chief Justice of Nigeria to look into the Port Harcourt division of the
judiciary; otherwise, they will bring anarchy into this country.”
He
said he would ‘‘put a formal complaint to the Judicial Service Commission. We
are saying this because it is wrong; justice is for everybody.”
We’ll protect everybody –
police
The
Rivers State Police Command said on Tuesday that it would provide security for
everybody in the state.
The
state Police Public Relations Officer, Mr. Nnamdi Omoni, told one of our
correspondents on the telephone that it was the duty of the police to provide
security for Nigerians.
He
said, “Whether there is a convention or not, it is our duty to provide security
and we are assuring those coming into Rivers of their protection.”
Though
Omoni did not say whether there was any special arrangement for the PDP
national convention holding at the Sharks Stadium in Port Harcourt, he
maintained that lives and property must be protected.
Meanwhile,
the atmosphere in Port Harcourt, the Rivers State capital, at 5pm on Tuesday
indicated that all was set for the PDP national convention on Wednesday
(today).
Our
correspondent observed that all the hotels in the state capital had been fully
booked.
At
the Sharks Stadium, podiums had been mounted, while tents had also been put in
place.
On major roads in Port Harcourt, there were traffic jams as delegates arrived in the state ahead of the PDP National Convention.
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