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By Joel Anekwe
The Court of Appeal, Port Harcourt division, on Friday dismissed the suit filed by the embattled national chairman of the Peoples Democratic Party, PDP, Uche Secondus.
While dismissing the application by Secondus to stop the scheduled national convention of the party, the appellate court granted PDP leave to go on with convention without let or hindrance.
The court said that the application was an after-thought and abuse of court processes, adding that after due consideration of the facts and circumstances of the case, it was “neither just nor convenient to accede to the appellant’s application.
Counsel to the appellant, Payo Oyetubo, applied for stay of execution and injunction to suspend the October, 30th and 31st National Convention of the PDP and declare him the right person to preside over the convention.
The case which was registered in suit number CA/PH/339/2021 is trying to restrain the conduct of the PDP national convention which has been scheduled for October 30 and 31, 2021.
In the unanimous judgment delivered by Justice Gabriel Kolawole on behalf of the three-man appeal panel, the appellate court said it came to the conclusion that “greater justice would be done to the nation and its electoral system by the application of the applicant.
“Having regards to this development, to accede to the appellant application will cause greater problems and confusion to the 6th respondent (PDP)” especially as it relates to all plans and arrangements for its national convention.
Justice Kolawole added, “I deliberately avoided giving much attention to the series of preliminary objections raised by the respondents. It was so, in order to remain focused on the subject of the application because of its importance to the development of our electoral jurisprudence as I barely found merit in most of the issues raised.
“I also, of the views expressed, did not find the applicant’s motion on notice filed on 27 October, 2021 as constituting an abuse of court process because if have time to consider the application in detail, it’s likely I would have entered a verdict dismissing them as they are clearly intended to obfuscate the integrity of the court”.
Speaking to journalists on the judgment, lead counsel to the respondents, Henry Bello, said that the court had dismissed the application by Prince Secondus Uche to stop the PDP national convention.
Bello stated that the court has ordered PDP to go ahead with its national convention unhindered.
He stated that several reasons were adduced by the court but they were not in possession of the judgment by the court because the matter was only argued on October 28 and the ruling on October 29.
“We have not been given thorough certified copy so we will not like to mislead the public, but it is sufficient that the court have not found any merit in the application so the application is dismissed.
Also addressing newsmen, Mr Oyotode, appellant counsel, said that the court had agreed that the application was not an abuse of court process contrary to the view of others.
He stated that the court took the view that because of all the arrangements that the party had made and also the expenses that they had incurred, the injunction will not be accepted so the court has directed that the PDP should continue its national convention.
“But the instruction is that the appeal continues depending on the outcome of the appeal, if we succeed it will have an impact on whatever decision that is taken by the national convention because we still have an appeal pending in this court.”
