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  • Court declines to vacate order restraining Secondus, Omehia, Opara from PDP’s meetings

    Court declines to vacate order restraining Secondus, Omehia, Opara from PDP’s meetings

    A Federal High Court, Abuja, on Thursday, dismissed applications by former Chairman of the PDP, Uche Secondus, and two others, seeking to set aside an order restraining them from attending meetings of the leadership of the party.

    Sacked Governor of Rivers, Celestine Omehia, and former Deputy Speaker of the House of Representatives, Austin Opara, were also affected with the order.

    Justice Inyang Ekwo, in separate rulings, dismissed the three separate applications filed by the trio on the ground that their motions for stay of execution of the order were wrongly filed and therefore, incompetent.

    NAN reports that the judge had, on April 5, issued ex-parte orders, which among others, restrain the three PDP chieftains from attending any meeting of the National Executive Committee (NEC) and/or Board of Trustees (BoT) of the party.

    Justice Ekwo restrained them from participating in deliberations or proceedings of the meetings in any manner pending the hearing and determination of the substantive suit.

    The restraining orders were made in relation to three substantive suits filed against the three chieftains of the PDP by some members of the party in Rivers State.

    The suit against Secondus and seven others, marked: FHC/ABJ/CS/440/2024 was filed by Titus Jones.

    The second against Omehia and five others, marked: FHC/ABJ/CS/436/2024 was filed by Precious Wobisike, while the third, marked: FHC/ABJ/CS/438/2024 against Opara and seven others, was filed by Chisa Amadi.

    Secondus, Omehia and Opara had applied that the execution of the orders be stayed pending the determination of the appeals they filed, challenging the ex-parte orders.

    In the three different rulings on Thursday, Justice Ekwo described the applications as incompetent.

    He held that under Order 26(9)(1) of the Federal High Court (Civil Procedure) Rules (FHCCPR) 2019, what Secondus, Omehia and Opara ought to do was to apply to the court to either vary or discharge the orders, not to apply for stay.

    The judge said: “By Order 26 (9) (1) of the FHCCPR 2019, it is provided that where an order is made on a motion ex -parte, any person affected by it may, within seven days after service of it, or within such further time as the court shall allow, apply to the court by motion to vary or discharge it.

    “The first defendant/applicant ought to have familiarise himself with the provisions of the rules of this court before embarking on this course.

    “What any person, who is affected by ex-parte order of the Federal High Court has to do is provided for in Order 26(9)(1) of the FHCCPR 2019.

    “There is no law which provides for appeal against ex-parte order of the Federal High Court.

    “It is trite that where there is no law in support of a process or action such process or action is considered as abuse of process of court.

    “I find that there is no iota of law in support of this application and I so hold.

    “The consequence thereof also has been stated by the court in a very steady manner.

    “I therefore make an order dismissing this application for being an abuse of process of this court,” Justice Ekwo said in the ruling on the application by Secondus.

    Justice Ekwo reached the same conclusions in respect of similar applications by Omehia and Opara.

    The judge then adjourned until April 25 for hearing of a pending motions on notice for interim injunctions filed by the plaintiffs in the three cases.

  • Court adjourns suits seeking to stop Secondus, Omehia from PDP NEC, BoT meetings

    Court adjourns suits seeking to stop Secondus, Omehia from PDP NEC, BoT meetings

    A Federal High Court, Abuja, on Friday, fixed April 16 for hearing of a suit seeking to stop former Chairman, Peoples Democratic Party (PDP), Uche Secondus, from participating in the party’s meetings.

    Justice Inyang Ekwo, in a short ruling, also fixed the date in a separate suit filed to bar sacked Rivers Governor, Celestine Omehia, from attending the PDP’s National Executive Committee (NEC) meeting pending the hearing and determination of the matter.

    Titus Jones, a member of the PDP at Ward 5, Ikuru Town, Andoni Local Government Area (LGA) of the state, had filed a suit marked marked: FHC/ABJ/CS/440/2024.

    In the suit, Secondus; PDP; acting PDP Chairman, Umar Damagun; PDP Secretary, Samuel Anyanwu; PDP NEC; PDP National Working Committee (NWC); PDP Board of Trustees (BoT) and Independent National Electoral Commission (INEC) are 1st to 8th defendants respectively.

    Jones, through his counsel, Joshua Musa, SAN, had sought an order restraining the NEC, NWC, party’s chairman, secretary, and BoT from allowing Secondus to attend any of the meetings pending the hearing and determination of the motion on notice, having been suspended from the party.

    Also in another suit filed by Precious Wobisike, a member of PDP at Ubima Ward 8, Ikwerre LGA, Omehia, PDP, Damagun, Anyanwu, NEC and INEC as 1st to 6th defendants respectively.

    In the originating summons marked: FHC/ABJ/CS/436/24, Wobisike, also through Musa, sought an order of Injunction restraining Omehia from demanding from Anyanwu, the party’s secretary, any notice of meetings of the NEC.

    He also sought an order of injunction restraining Omehia from attending any NEC meeting of the party or participating in the proceedings/deliberations of such meetings in any manner howsoever.

    Besides, Wobisike sought an order of injunction restraining Anyanwu from giving notice of meetings of the NEC to Omehia, “not being a former Governor of Rivers State as to be a member of the National Executive Committee.”

    He equally sought an order restraining INEC from according recognition to the reports, proceedings, conclusions or resolutions reached at any NEC meeting attended by Omehia.

    This, he said, is in violation of the judgment of the Supreme Court in the case of AMAECHI v. INEC (2008) 5 NWLR (Pt. 1080) p. 227, the judgment of the High Court of Rivers in the case of Sir Celestine Omehia v. The Governor of Rivers  & 2 Ors – Suit No: PHC/3317/CS/2022 and Article 31(1)(w) of the Constitution of PDP (2017 as amended).”

    NAN observes that Justice Ekwo had, on April 5, granted the motions ex-parte moved by Musa on behalf of Jones and Wobisike restraining Secondus and Omehia from participating in the party’s meetings pending the hearing and determination of the substantive matters.

    The judge, who ordered that the processes be served on the respondents within five days, fixed the matter for today for motion on notice.

    When the first matter was called, Musa, who appeared for Wobisike, told the court that the ex-parte order had been served on the defendants.

    He said the matter was fixed for hearing of the motion on notice.

    However, Ibrahim Mark, who represented Omehia, told the court that they were served on Monday and due to the public holiday, they were yet to regularise their processes.

    He sought an adjournment to enable them regularise their court documents.

    M. S. Atolagbe, who appeared for 2nd to 5th defendants, aligned with Mark’s submission, and Musa did not oppose the application for adjournment.

    Justice Ekwo consequently adjourned the matter until April 16 for hearing.

    The judge equally fixed the sister case against Secondus to April 16 for hearing.

  • You didn’t finish secondary school – Wike tells Secondus

    You didn’t finish secondary school – Wike tells Secondus

    Rivers State Governor, Nyesom Wike has said former national chairman of the Peoples Democratic Party, PDP, Uche Secondusdid not complete his secondary school education.

    Wike aslo noted that the former PDP chair cannot speak on issues concerning the main opposition party because he is no longer a member of the party.

    The governor was responding to Secondus’ claim that the Governor has no powers to impose a presidential candidate on Rivers electorate.

    This was after the Governor had, during the week, said that by January 1, he would announce to Rivers people who they will vote for during the 2023 presidential election.

    The governor spoke at the inauguration of Aluu- Omagwa Link Road that held at Omuagubia play ground on Saturday.

    “I read newspaper this morning where a former member of our party, one Uche Secondus said that no one man can impose a presidential candidate on Rivers people.

    “He is not a member of our party. His ward expelled him from the party.

    “Up until now, you are not a member of our party.”

    Wike said he had told the former party leader that he was not going to conduct the party’s primaries for the 2023 elections and so it happened.

    The Governor, however, said he has never at any occasion said he would impose a candidate on them but would only tell them his choice of presidential candidate at the right time.

    “But don’t blame them, when you didn’t finish secondary school, you will not understand the grammar,” he added.

  • PDP Crisis: How absence of Dan Orbih stalled hearing of Secondus legal battle at Supreme Court

    PDP Crisis: How absence of Dan Orbih stalled hearing of Secondus legal battle at Supreme Court

    The Supreme Court in Abuja on Monday abruptly adjourned a hearing in the legal battle of former National Chairman of the People Democratic Party PDP, Prince Uche Secondus challenging his removal from office before the expiration of his four years tenure due to the absence of Dan Orbih a defendant.

    The suit slated for hearing on Decembers 6th by the apex court was shifted by twenty-four hours following the non-appearance in the court of one of the key defendants, Dan Oji Orbih.

    When the matter came up, it was discovered that Orbih who is the 8th defendant in the appeal was not personally present in court and was not represented by a counsel.

    Rather, his earlier counsel, Chief Godwin Obla SAN wrote the court informing it that Orbih has not briefed him to properly stand as his counsel at the Supreme Court.

    However, counsel to Uche Secondus, Mr Oba Maduabuchi SAN protested the development claiming that Orbih was not sued by his client but that the defendant imposed himself on the excuse of being Zonal Chairman of PDP.

    He sought to move a motion for substituted service to enable him serve the defendant with all court processes through the PDP Zonal office.

    Justice Mohammed Musa Dattijo who led a 5-man panel Justice of the court fixed today December 7 for a hearing of all pending applicants in respect of the matter.

    TheNewsGuru.com, (TNG) recalls that the Court of Appeal sitting in Port Harcourt had on October 26 dismissed an application challenging the suspension of Secondus from the Peoples Democratic Party (PDP).

    A panel of three justices led by Justice Haruna Tsammani struck out the suit during its sitting in the Rivers State capital.

    This prompted Secondus to approach the Supreme Court praying for an order to quash his removal and as well restore him to office to complete his four years tenure.

  • ‘I disagree!’, Secondus vows to appeal court judgement as PDP commences national convention today

    ‘I disagree!’, Secondus vows to appeal court judgement as PDP commences national convention today

    Suspended National Chairman of the Peoples Democratic Party (PDP), Uche Secondus, has vowed to appeal the ruling of the Court of Appeal allowing the party’s convention to proceed today (Saturday).

    Delivering the ruling on behalf of two other justices, Justice Gabriel Kolawole held that the attempt by the applicant, Uche Secondus, to suspend the planned convention is an act of “self-induced urgency” to disrupt an ongoing lawful process of the party.

    But the embattled National Chairman, in a statement he released shortly after the judgement on Friday said he disagrees with the Court’s conclusions.

    “I have just been briefed of the ruling of the Court of Appeal, Port Harcourt dismissing my motion to halt the National Convention of the party,” he said. “I respect the position of the court even though I disagree totally with it.

    “Even as the substantive case is still pending at the Court of Appeal I have instructed my lawyers to study the ruling with a view to appealing it immediately as no abuse of the constitution of our dear party should be allowed to stand.

    “The issue is not about Prince Uche Secondus but about the sanctity of our party constitution and core democratic principles of justice and rule of law not only in PDP but in our democracy. No impunity must be condoned.

    “I will therefore wish to emphasis the fact that I did not take the party to court and would not have done that. As a foundation member of this party who has served at various levels, State Chairman, Chairman of state Chairmen, National Organizing Secretary, Deputy National Chairman, Acting National Chairman and now National Chairman, am very much abreast with the workings of the party. I have been a witness to how much harm litigations have done to our party in the past and as a result I have been a strong advocate against settling issues in courts.

    “This was why I resisted and rejected entreaties of those who wanted me to go to court to halt these forces when it was obvious that they were determined to disrupt my leadership and truncate my tenure in office with the sole objective of hijacking the party for their selfish ulterior motives.

    “To allow this travesty to stand is to reduce our beloved party to a level where anybody can wake up over night and remove officers against the proscribed constitutional process and the National Chairman for that matter. And purporting to use the judiciary through an experte order to legitimize same.

    “As a major practitioner in our democracy, I am duty bound to protect and defend the sanctity of the provisions of our constitution of which am the custodian.

    “I wish to therefore at this juncture thank and appreciate leaders and other stakeholders of our party who have called in to express their concerns on this matter and appeal for the understanding of all.

    “If those who orchestrated and fostered this avoidable crisis had listened to wise counsel of party leaders and elders who advised the withdrawal of cases, this situation would have been avoidable. I wish the party well as always.”

  • PDP convention: Secondus heads for Supreme Court

    PDP convention: Secondus heads for Supreme Court

    The embattled National Chairman of the Peoples Democratic Party, Prince Uche Secondus, has headed for the Supreme Court to challenge the ruling of the Court of Appeal, Port Harcourt Division, which on Friday gave a nod for the party’s National Convention to hold in Abuja on Saturday.

    Reacting to the ruling, Secondus said he disagreed with it, but still respected it.

    Secondus in a statement released by his Media Adviser, Ike Abonyi, said the ongoing case was not about him but the need to protect the sanctity of the party’s constitution.

    The statement said, “I have just been briefed on the ruling of the Court of Appeal, Port Harcourt dismissing my motion to halt the National Convention of the party. I respect the position of the court even though I disagree totally with it.

    “Even as the substantive case is still pending at the Court of Appeal, I have instructed my lawyers to study the ruling with a view to appealing it immediately as no abuse of the constitution of our dear party should be allowed to stand.

    “The issue is not about Prince Uche Secondus but about the sanctity of our party constitution and core democratic principles of justice and rule of law not only in PDP but in our democracy. No impunity must be condoned.

    “I will therefore wish to emphasise the fact that I did not take the party to court and would not have done that. As a foundation member of this party who has served at various levels as state chairman, chairman of state chairmen, National Organising Secretary, Deputy National Chairman, Acting National Chairman and now National Chairman, I am very much abreast with the workings of the party. I have been a witness to how much harm litigations have done to our party in the past and as a result, I have been a strong advocate against settling issues in courts.”

    He said he resisted pressures mounted on him to go to court to stop those planning against him because of his love for the party, adding that he did not want to be seen as someone who took the party to court.

    He added, “This was why I resisted and rejected entreaties of those who wanted me to go to court to halt these forces when it was obvious that they were determined to disrupt my leadership and truncate my tenure in office with the sole objective of hijacking the party for their selfish, ulterior motives.

    “To allow this travesty to stand is to reduce our beloved party to a level where anybody can wake up overnight and remove officers against the proscribed constitutional process and the National Chairman for that matter, purporting to use the judiciary through an ex parte order to legitimise same.

    “As a major practitioner in our democracy, I am duty-bound to protect and defend the sanctity of the provisions of our constitution of which I am the custodian.

    “I wish to at this juncture thank and appreciate leaders and other stakeholders of our party who have called to express their concerns on this matter and appeal for the understanding of all.”

    He noted that if those who orchestrated and foisted the avoidable crisis on the party had listened to the wise counsel of party leaders and elders who advised the withdrawal of cases, the current situation would have been avoidable. I wish the party well as always.”

  • Secondus: Reps PDP Caucus hails court’s decision

    Secondus: Reps PDP Caucus hails court’s decision

    Rep. Kingsley Chinda (PDP-Rivers), the leader of Peoples Democratic Party (PDP) Caucus in the House of Representatives has described the dismissal of the suit filed by suspended National Chairman, Mr Uche Secondus’ against the party as victory for democracy.

    Chinda, in an interview with the News Agency of Nigeria (NAN) on Friday in Abuja, said that neither Secondus nor the PDP won the case, saying that the victory was for all Nigerians.

    NAN reports that the Court of Appeal Port Harcourt Division, on Friday, dismissed a suit by Secondus, challenging his suspension as national chairman of the PDP for lack of merit.

    Secondus had also prayed the Court to restrain the PDP from conducting the forthcoming national convention of the party which the court did not also grant.

    Chinda assured that regardless of the outcome of the judgment, Secondus was going to work closely with the party to enthrone good leaders in future elections.

    “It is a welcome development and strengthens our democracy to restate that power belongs to the people.

    “However, regardless of the judgment, neither PDP nor Secondus won but victory was for the people of Nigeria and indeed democracy.

    “I can assure you that the former national chairman of the party will work with the party as the leaders will all meet and sort out the issues whilst not compromising visionary leadership,” he said.

    Also, Rep. Nicholas Ossai (PDP-Delta) congratulated the Judiciary and the PDP family on the outcome of the judgment.

    Ossai said that it was better for leaders to listen to the decision of the people rather than doing otherwise against their wishes.

    “It is a welcome development, this is justice delivery.

    “The entire PDP had agreed to process a convention, a party that had given him a lot of lifeline to occupy some sensitive positions from state party chairman, organising secretary up to the point of becoming national chairman.

    “It is a good one, sometimes we make compromises, I did not like the way he went to Court, some people may look at it differently, for me, I think he is a strong party man occupying the most exulted position.

    “So if the party in general which are the people agree that this is the way to go, all you need to do is to go along , it does not diminish you.

    “For me it is a great one, I congratulate the judiciary, I congratulate the PDP family,’’ he said.

  • Appeal Court adjourns hearing of Secondus application seeking to stop PDP convention

    Appeal Court adjourns hearing of Secondus application seeking to stop PDP convention

    The Court of Appeal in Port Harcourt, Rivers State on Tuesday adjourned the hearing of arguments on an application seeking to stop the Peoples Democratic Party from conducting its national convention.

    A panel of three justices led by Justice Haruna Tsammani adjourned the hearing till 12pm on Thursday to allow new parties who applied to join in the case to make their contributions.

    It is, however, not clear if the court will make any pronouncement on the adjourned date.

    In its bid to resolve the internal crisis that rocked the Uche Secondus led National Working Committee of the party, the PDP had announced a special convention to elect a set of new national officers.

    The convention is scheduled to take place on October 30 and 31 in Abuja.

    But this decision by the party did not go well with Secondus – the suspended PDP National Chairman – who believes the conduct of the convention will abruptly end his tenure that is due to expire in December.

    He later filed an application as part of the processes in the ongoing litigation over his suspension from the party, to stop the PDP from proceeding with the convention as planned.

    Amid the controversy sparked by his suspension, a high court in Rivers – on September 10 – affirmed Secondus’ suspension from the party at his ward in Ikuru Town in Andoni Local Government Area of the state.

    This was, however, challenged by the PDP which filed an application at the appellate court to test the validity of Secondus’ suspension from the party.

    During Tuesday’s proceedings, the appellate court struck out the application after the new counsel to the PDP, Sunday Ameh, said upon going through the processes, he did not find the need to continue with the application.

    Following the suspension of Secondus, PDP Deputy National Chairman (South), Yomi Akinwonmi, has been serving as the party’s national chairman in an acting capacity.

  • Secondus: Court dismisses suit challenging National Chairman’s suspension from PDP

    Secondus: Court dismisses suit challenging National Chairman’s suspension from PDP

    The Court of Appeal sitting in Port Harcourt has dismissed an application challenging the suspension of Mr Uche Secondus from the Peoples Democratic Party (PDP).

    A panel of three justices led by Justice Haruna Tsammani struck out the suit on Tuesday during its sitting in the Rivers State capital.

    The PDP had filed the application at the appellate court to test the validity of Secondus’ suspension from the main opposition party.

    In its judgement delivered on September 10, a high court in Rivers affirmed the suspension of Secondus from the party at his ward in Ikuru Town in Andoni Local Government Area of the state.

    During proceedings on Tuesday, the new counsel to the main opposition party, Sunday Ameh, told the court that upon going through the processes, he did not find the need to continue with the application.

    Meanwhile, the court has adjourned the argument on the application seeking to stop the PDP from conducting its National Convention this weekend.

    The argument on the application was adjourned till 12pm on Thursday following an application for joinder by interested parties.

    It is, however, not clear if the court would make any pronouncement on the adjourned date.

    The PDP had fixed October 30 and 31 for a special convention to elect new national officers in Abuja, as a means to resolve the internal crisis that rocked the Secondus led National Working Committee of the party.

    But Secondus is not pleased with the decision to conduct the convention which would abruptly end his tenure that was due to expire in December.

    The suspended PDP National Chairman later filed an application as part of the processes in the ongoing litigation over his suspension from the party, to stop the party from holding the convention.

    Following the suspension of Secondus, Mr Yomi Akinwonmi has been serving as the PDP National Chairman in an acting capacity.

     

  • PDP reacts to suspended National Chairman Secondus’ suit seeking to stop October 30 national convention

    PDP reacts to suspended National Chairman Secondus’ suit seeking to stop October 30 national convention

    The Peoples Democratic Party (PDP) National Convention Organising Committee (NCOC) says it will go with the planned National Convention scheduled for October 30 and 31, 2021.

    In a statement on Sunday, the Secretary of the NCOC, Governor Seyi Makinde, said the convention will take place regardless of the “distraction” posed by a case instituted at the High Court in Kaduna to prevent the event from being held.

    The case, which was launched by Uche Secondus, suspended chairman of the PDP, sought to stop the preparation for the convention, pending the hearing of his chairmanship case in the court of appeal.

    While playing down Secondus’ suit, Governor Makinde said the party is “aware of the actions of a few misguided PDP members who have approached the High Court in Kaduna in an attempt to prevent our great party, the PDP from holding its National Convention on October 30 and 31, 2021.

    “Notwithstanding their right to approach a court of competent jurisdiction to air their grievances, we maintain that the National Executive Committee (NEC) of the PDP has acted in good faith in fixing our convention for October 30 and 31. It is not meant to witch-hunt anyone or to truncate anyone’s mandate,” the statement added.

    “Therefore, we call on all members and supporters of the PDP to ignore this distraction as we prepare to host a convention that will send a clear signal to Nigerians that the PDP is the only party that has the will and the might to rescue Nigeria from the catastrophe that we have been enduring for the past six years.

    “We are aware that a clearly united PDP is a threat to the forces that seek to divide us. Therefore, we urge our teeming supporters nationwide to keep the faith as we are taking all necessary measures to ensure that we will not be distracted from our goal.”

    The governor further noted that the PDP is determined to strengthen its party structure and to put in the work needed to unify and restore the nation back on the path to economic prosperity and greatness.

    On behalf of the PDP, Makinde urged all party faithful to continue to rally support even as the opposition political party prepares to host its National Convention.