BEVERLY HILLS, August 16, (THEWILL) – Justice Okon Abang of the Federal High Court sitting in Abuja has again ruled against the convention of the Peoples Democratic Party (PDP) planned by the Ahmed Makarfi faction scheduled for Wednesday, August17, 2016, in Port Harcourt, Rivers State.
The ruling was made in response to an application by the Ali Modu Sheriff faction of the party, through its counsel, Adeniyi Akintola, seeking to stop the convention accusing the defendants of flouting various orders of the court.
Justice Abang’s ruling again contradicts a ruling by Justice Ibrahim Watila of the Port Harcourt Federal High Court, which gave PDP the approval to hold its convention.
There is confusion in the party over the fate of the planned convention with the Senator Makarfi-led Caretaker Committee, which is staging the convention, claiming in multiple tweets that it has information that the Inspector-General of Police plans to enforce the Justice Abang ruling by stopping the event.
However, Ferdinand Orbih, counsel to the Makarfi faction, told the Abuja court that they had filed an application challenging the jurisdiction of the court to hear the matter and a stay of execution of that order of the ruling by Abang on July 28.
After hearing both parties Abang ruled in favour of the Sheriff faction.
“An order of interlocutory injunction is hereby made restraining the defendants, any of them, their servant agents from conducting the national convention of PDP and supervising and monitoring same under any guise or electing any national officer of the defendant pending the determination of the substantive suit,” Abang ruled on Tuesday.
“An order of Interlocutory injunction is hereby made restraining PDP from presenting anybody and sponsoring any person for election and holding any national convention or conference in the purpose of electing any national officers of the second defendants.
“An order of Interlocutory injunction is hereby made restraining INEC from monitoring the national convention of PDP scheduled for Port Harcourt on 17th August.”
Earlier on Monday, Justice Abang had given a similar ruling against the planned convention saying: “Where a party has taken law into its hands, and to maintain the dignity and integrity of the court and in the over all interest of justice, taking into consideration the competing claims of the parties, an order is hereby made in the interim suspending the PDP convention slated for August 17, 2016, pending when the plaintiff motion on notice dated July 20 is served.”
Judge Blames Colleague For Conflicting Orders
Justice Abang said Justice Watila erred in his ruling and blamed him for conflicting orders on the convention.
“The Federal High Court, having regard to Section 249(1) of the Constitution, is one court, but with several divisions, for administrative convenience to bring administration of justice nearer to the people.
“The issue of whether or not the PDP should hold its convention was raised by the plaintiffs in this suit. The case was assigned by the Chief Judge to this court on the 4th of July. Assigning a case to a judge is a constitutional duty of the Chief Judge of this court and no person can question it because it is an administrative decision.
“The issue of whether the PDP should hold its convention, having been assigned to this court, no other division of the Federal High Court ought to be seised of the matter in the same manner, so as to avoid conflicting decisions,” he said.
The judge noted that in any civilised country, like Nigeria where there is the Court of Appeal to correct any error that may arise from the proceedings of the high court, parties ought to have availed themselves such opportunity rather than going before another division of the Federal High Court with the same suit.
Justice Abang said though he lacked the power to review the decision of the Port Harcourt court, except it was a nullity, the judge should have drawn the Chief Judge’s attention to the new case filed before it on the same issue already before the Abuja division.
He said the unenviable situation today 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 similar case filed in July.
Justice Abang, who queried the jurisdiction of the Port Harcourt court over the matter, when parties like PDP and INEC have their headquarters in Abuja, said his court was not struggling jurisdiction with the Port Harcourt division, but that it is concerned about the conflicting decisions.
“The attitude of my brother judge in Port-Harcourt is what the Supreme Court condemned in the case of NIBS v. Union Bank reported in part 2004 NWLR.
“Therefore, the Port Harcourt division of the Federal High Court cannot make an order neutralising the order made by this court.
“This is so because a court of coordinate jurisdiction cannot make an order that has the effect of overruling the order made by this court on the 28th of July restraining parties from taking any steps in relation to the subject matter of this suit. Any person that disobeys the court will have himself to blame.Nobody should bring himself with the direct confrontation of this court,” Justice Abang said.
The judge expressed discomfort over media report about the comments reportedly made by Prince Dayo Adeyeye (who is the 8th defendant in the case and a member of the Makarfi committee) castigating the court and judge for the interim orders made on August 15.
The judge said, but for the fact that the court is patient, it would have moved against Adeyeye for assuming judicial powers to query the court’s decision and make disparaging comments about the court.
Further hearing in the substantive suit has been adjourned till September 7.
