A dramatic twist was introduced into the People's Democratic Party (PDP) presidential primaries yesterday as less than 24 hours to the epoch making event, an Enugu High Court granted an interim order restraining the party's national chairman, Okwesilieze Nwodo, from "parading himself as chairman of the party."
However, Mr. Nwodo's counsel, Ilochi Okafor (SAN), immediately filed an objection at the Federal High Court, Abuja. The initial order granted by the presiding judge, Reuben Onuorah, ruled that Mr. Nwodo should stop functioning as chairman and enjoying any benefits from the position, pending the determination of motion on notice for interlocutory injunction.
The suit was filed in June last year shortly after Mr. Nwodo emerged as PDP's chairperson. It was filed by Collins Amalu, a registered member of the party from Ngwo-Uno ward in Enugu State. He claimed that Mr. Nwodo was not a bonafide member of the party due to alleged irregularities in the manner of his return to the party after his bitter exit in 2003.
Acrimonious exit
The argument for sacking him was based on his failure to follow due process in returning to the party.
"At the time he left the PDP and sought to return to the party, he did not re-register as a member of the party and was not issued a membership card in line with the PDP Constitution. This fact was publicly confirmed by Nwodo himself and enquiries made also confirmed that. Based on that, he is not entitled to hold the position, perform any function, or enjoy the benefits from the party," the judgement said.
The PDP had last year welcomed all aggrieved members who had left the party in a huff. Such returnees included former vice president, Atiku Abubakar, who went through a re-registration process in his ward in Adamawa State before been readmitted into the party. Mr. Nwodo, according to the plaintiff, did not undergo this process.
While granting the order, the judge ruled that the defendant should stop "exercising the rights, powers and or function or enjoy the privileges attached to the office of the chairman of the Peoples Democratic Party, pending the determination of the motion on notice for interlocutory injunction."
The suit was further adjourned to January 31, for hearing.
However, in a preliminary objection against the suit calling for the removal, Mr. Nwodo, through his counsel, who was absent at the sitting in Enugu, argued at the Federal High Court, Abuja, that the appointment of his client was totally an internal affair of the party. He further argued that the court lacked the jurisdiction to entertain the matter, as the plaintiff had abused the court process in the matter. The presiding judge, Daniel Kolawole, adjourned the matter till January 28.
Mr. Nwodo, a former national secretary of the PDP, was appointed as the chairman by the National Executive Committee of the party in June 2010 following the resignation of the then national chairman, Vincent Eze Ogbulafor. Mr. Nwodo left the party in 2003, but returned earlier in 2010 when the party welcomed back all its aggrieved members.
‘Not a sack'
Renowned lawyer, Itse Sagay (SAN), said the order was not a sack, explaining that "someone just filed an exparte motion for him to be regarded as not been duly re-registered into the party and the judge simply affirmed that."
He condemned the judge saying, "it is a very suspicious judgement. It is one of those Enugu rulings that will end up getting the judge fired because the judge acted on hearing of just one side and acted very partisan."
Mr. Sagay wonders why a judge will give such a ruling just hours to the ruling party's presidential primaries.
"He must be a very crooked judge to have given such a judgment filed by some people who just do not want the man involved in the politics in Enugu," he said.
On whether the ruling nullifies past issues moderated by the chairman in the last six months, Mr. Sagay stated that "this will not affect his past. If he chooses to obey the ruling he might just have to step down, as this ruling can prevent him from overseeing the primaries today, and will be restored back. In any case, he might not be bound by the ruling until he is personally served the court rulings."
However, Ike Abonyi, Mr. Nwodo's spokesman, said they have not been served any court paper for now and cannot speak further on the matter.
The initial suit..
The counsel to the plaintiff, Justina Offiah ( SAN), said that the plaintiff filed a motion exparte for injunction to restrain Mr. Nwodo from functioning as the party chairman, arguing that his appointment as the party leader violated Section 85 of the Electoral Act of 2006 and the party's constitution. He added that the party's action regarding the appointment of Mr. Nwodo as its national chairman also contravened Sections 221, 222, 223, 224 as well as 225 of the 1999 Constitution. A motion on notice of interlocutory injunction was also filed to that effect.
Ms. Offiah said the court, at the first appearance in December, declined to take the motion exparte motion on notice was served through a publication in Vanguard newspapers. By December 20, the defence counsel, Mr. Okafor, indicated that he required time to file a further reply to the address of the plaintiff's counsel. This was vigorously contested on December 20, 2010 and the ruling adjourned to January 12.
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