Nnamdi Chukwu
THE Peoples Democratic Party (PDP) has distanced itself from an appeal filed at the Court of Appeal, Port Harcourt Division with respect to suit no: PHC/2177/CS/2024 wherein it was reportedly listed as appellant.
The National Publicity Secretary of the party, Hon. Debo Ologunagba, in a statement on Sunday, said the National Legal Adviser, Barr. Kamaldeen Ajibade (SAN) has ascertained that the party did not file the said appeal neither did it authorise any external solicitor to file same on its behalf, and as such, the party cannot be listed as appellant in the said appeal.
“The PDP states categorically that it did not file the said appeal at the Court of Appeal, Port Harcourt Division challenging the order of a Rivers State High Court restraining the Chief Judge of Rivers State and the Clerk of the Rivers State House of Assembly from receiving or acting on any resolutions from certain individuals pending the determination of a case before it.
“The PDP restates that only the National Legal Adviser of the party has the exclusive responsibility of conducting the litigation, prosecution and defence of cases on behalf of the party including its organs, chapters and officials as expressly provided for in Section 42 of the PDP’s Constitution (as amended in 2017).
“Our party had in a public notice published on 17 January 2023 notified the public that nobody, authority, office or organ other than the National Legal Adviser has the competence to file or engage external solicitors to file or handle cases on behalf of the party, which engagement must also be in writing under the hand of the National Legal Adviser specifying amongst other things, the nature of the case and other terms and conditions of the engagement.
“The PDP, therefore, dissociates itself from the purported appeal filed at the Court of Appeal, Port Harcourt Division in connection with suit no: PHC/2177/CS/2024”.
Eighteen-Eleven Media reports that a Rivers State High Court sitting in Port Harcourt last week Monday issued an ex parte order of interim injunction barring the Chief Judge of the state and the Clerk of the state House of Assembly from dealing with the Martins Amaewhule-led state House of Assembly.
The order issued by Justice Jumbo Stephen also prevented them from dealing with Amaewhule and 26 others as members of the Assembly, and from acting on any resolutions, articles of impeachment, or communications from them.
The suit marked PHC/2177/CS/2024 was filed by the Attorney-General of the state as the first plaintiff and the governor of the state, Siminialayi Fubara, as the second plaintiff, against Amaewhule and 26 others, as the first set of defendants, and Victor Oko-Jumbo, and others, CJ of the state and Clerk of the state House of Assembly and the Peoples Democratic Party as second sets of defendants.
The court also ordered all parties to maintain the status quo ante litem as of 5 July 2024, until the motion for an interlocutory injunction is heard and determined.
The order read, “That an order of interim injunction is hereby made restraining the 31st and 32nd defendants from dealing or howsoever relating with the first to 27th defendants as members of the Rivers State House of Assembly and from receiving, forwarding or howsoever acting on any resolutions, articles of impeachment or order of the defendants pending the hearing and determination of the motion on notice for interlocutory injunction already filed herein.
“That the parties to this suit are hereby directed to maintain the status quo ante litem in this suit as of 5th July 2024, pending the hearing and determination of the motion on notice for interlocutory injunction already filed herein.
“An order is hereby made for substituted service of the originating and other processes in this suit on the 1st-30th defendants by pasting the same at Quarters, opposite former NDDC headquarters, off Aba Road, Port Harcourt, Rivers State.”
The court, however, adjourned till 15 July 2024 (today) for the motion on notice for Interlocutory injunction.
Eighteen-Eleven Media