Chuks Okocha in Abuja
The October 30 and 31 national convention of the Peoples Democratic Party (PDP) is now threatened as lawyer to the suspended national chairman of social gathering, Tayo Oyetibo (SAN), has written a letter to the basic officers of the social gathering apart from contributors of the Nationwide Working Committee (NWC) to atomize the deliberate convention as there changed into a pending charm in opposition to the convention in the Courtroom of Charm.
In a letter by Oyetibo dated October 21, 2021, addressed to the following officers of the social gathering: The PDP Performing Nationwide Chairman, the Chairman, PDP Nationwide Convention Committee, the PDP Nationwide Organising Secretary, the PDP Nationwide Upright Adviser and the PDP Nationwide Secretary C/O Chief E.O Oddey, Odey and Odey Solicitors of above address Suite 120-122 Pan Financial institution Constructing No. 2 Forces Avenue, Extinct GRA Port Harcourt.
Oyetibo said that CA/PH/341/2021: Prince Uche Secondus V Ibeawuchi E. Alex & ORS and the pendency of the utility for injunction to restrain the preserving of the national convention.
“We act for the Appellant in the above captioned matter, Prince Uche Secondus, who changed into the Nationwide Chairman of the Peoples Democratic Party (PDP), prior to the institution of Suit Quantity PHC/218 3/CS/202I, and must bring to your attention the following facts:
“On 23 August 2021 one Mr. lbeawuchi E. Alex and 4 others collectively instituted Suit No PHC/2183 /CS/202I at the Excessive Courtroom of Rivers Speak, Port Harcourt Judicial Division in opposition to Prince Uche Secondus and the PDP as Defendants.
“On I0 September 2021, the Excessive Courtroom of Rivers Speak delivered its judgment in the swimsuit whereby Prince Uche Secondus changed into, inter alia, restrained from performing the capabilities of the office of Nationwide Chairman of the PDP.
“An charm has been filed and entered in opposition to the judgment at the Courtroom of Charm, Port Harcourt Judicial Division.
As effectively as, an Software program on Perceive has been filed in which Prince Uche Secondus is looking for, inter alia, the following orders,” the letter acknowledged.
Based mostly on Secondus’s lawyer, “An Speak of injunction restraining the Peoples Democratic Party, the 6 Respondent herein, whether or no longer by itself, its officers, servants, agents and or representatives from preserving or conducting its Nationwide Convention scheduled for 30th and 31st October 2021 or every other date, pending the listening to and closing option of this charm.”
Oyetibo said that replacement to above that “An Speak that the events to this charm, in particular the Appellant /Applicant and the Sixth Respondent (Peoples Democratic Party) shall attend the distance quo ante as at 22 August 2021, when Appellant/Applicant changed into occupying the office of Nationwide Chairman of Peoples Democratic Party, pending the listening to and closing option of this charm.
“The utility has since been served on you and other Respondents in the charm.
“However the carrier of the Software program for injunction, it has intention to the Perceive of our client that the PDP and its officers proceed to prepare to amass the Nationwide Convention on 30 and 3 I October 2021,” he acknowledged.
Based mostly on Oyetiba, “This letter is supposed to intention your attention to the intention of the regulation of Nigeria on this topic as encapsulated in the judgment of the Supreme Courtroom of Nigeria in the smartly-known case of Governor of Lagos Speak vs. Chief Emeka Odumegwu Ojukwu (1 986) I NWLR (Fragment 18) 621 @ 637, in which the court docket, reviewed diversified choices on the purpose, and permitted the following principles as the gorgeous intention of the regulation, that is:
“The rule of thumb is effectively settled … .. .. that where a swimsuit is dropped at enjoin definite activities of which the defendant has look at, the fingers of the defendant are effectually tied pending a listening to and resolution even supposing no restraining show or preliminary injunction be issued .. .. . ..
“The conclusion to be drawn from the total cases is that after a defendant has been notified of the pendency of a swimsuit looking for an injunction in opposition to him even supposing a temporary injunction be no longer granted, he acts at his effort and topic to the energy of the court docket to restore the distance wholly whatever the advantage s as they might perchance perchance perchance moreover merely be by some means decided.”
He defined in the letter that the the same intention changed into taken by the Courtroom of Charm in Chief Elias Okeke-Oba vs. Ikwuka Okoye (1994) 8 NWLR (364) 605 @ 617- 61 8, where the court docket said as follows:
“The customary notice is that on utility for an show for interlocutory injunction, all activities affecting the res, are mechanically terminated as a payment of respect to the court docket prior to whom the utility is pending…. if… events to the swimsuit senselessly bustle their tortious trespassory activities… in the immense perception that that would promote their untrue claims to the res. Nothing might perchance perchance perchance perchance moreover moreover be farther from the reality. Such heedless posture is, to issue the least, a fragrant disrespect to the court docket. It clearly, personally, portions to intransigence for a social gathering in opposition to whom an show for injunction is sought to intensify his interference with the comfort… The court docket can no longer be hoodwinked by such impropriety of unlawful acts in the case of the comfort nor can the particular person in such disrespect be allowed to utilize unbiased appropriate thing about his default and flagrant intransigence.”
He said that the logical corollary of the foregoing pronouncements of the courts changed into that having been served with an utility looking for to restrain the preserving of its Nationwide Convention pending the option of the charm filed by Prince Uche Secondus, the PDP will likely be embarking upon a collision direction with the court docket if it proceeds to amass the Nationwide Convention prior to the listening to and resolution of the Software program.
“Ought to mild such contumacious behavior of preserving the Nationwide Convention prior to the listening to and resolution of the Software program be embarked upon by the social gathering alternatively, we shall no longer hesitate to bring the pudgy weight of the regulation in opposition to all national officers of the social gathering that are guilty for such behavior of contempt of court docket.
“Moderately other than the reality that such contumacious behavior would impinge on the integrity of the social gathering, we would on our phase, all straight away utilize steps to invoke the jurisdiction of the court docket to nullify any decision, motion or step taken at such Convention,” Secondus lawyer said.
In glimpse of his letter, Oyetiba said, “We belief that you simply will wisely expose the Peoples Democratic Party and its officers in this regard. Yours faithfully, Tayo Oyetibo, SAN, FCIArb, FNIALS.”
It changed into learnt that the swimsuit is billed for judgement on Tuesday subsequent week.