An Abuja court refused an exparte application filed by the Tukur-led PDP. A Federal High Court sitting in Abuja presided over by Justice Elvis Chukwu on Friday turned down the request of the Peoples Democratic Party, PDP, faction led by Bamanga Tukur seeking to stop the Independent National Electoral Commission, INEC, from “recognizing, dealing and relating with the Abubakar Baraje led faction of the party as national officers”. Mr. Chukwu also refused the prayer by the Tukur-led PDP seeking to restrain the Baraje faction from “parading themselves as national officers of the party and from operating or opening a parallel national, State, Local Government Area and Ward Secretariat of the party pending the determination of the motion on notice for interlocutory injunction”. Also Mr. Tukur’s faction failed to get an order stopping the Baraje faction “from interfering and continued interference with the duties and functions of the newly elected Executives of the party”. The judge however, granted an exparte injunction, putting the defendants- Baraje, Oyinlola and others on notice and subsequently adjourned the case to September 12 for accelerated hearing. While ruling on the application, Mr. Chukwu held that “although I am not afraid of granting an exparte order especially when it borders on issues capable of creating anarchy, I owe a duty to maintain a balance. In the circumstance, what I want to do is to order that they be put on notice. “Both parties are to maintain ‘status quo ante bellum’ pending the hearing and determination of the motion on notice. The time for hearing all the processes in this suit is to be abridged to four days” he said. The court however granted an order directing that the originating summons and all other processes in the suit be served on the defendants by substituted means by pasting the processes on the entrance gate of their residences. Mr. Tukur and his PDP faction had approached the court via a motion exparte brought pursuant to order 46 Rule 5 [2] and order 6 Rule 5 [c] wherein they urged the court to grant the above reliefs. The motion was filed and argued by Tochukwu Onwugbufor on behalf of the applicants. The Independent National Electoral Commission, INEC, Abubakar Baraje, Sam Jaja, Olagunsoye Oyinlola and former Vice President Atiku Abubakar are the defendants. While moving the exparte application, Mr. Onwugbufor informed the court that the defendants have concluded plans to submit to the INEC on Friday, the names of the purported Governorship and Deputy Governorship candidates of the PDP for the November 16 gubernatorial election in Anambra State, thereby, usurping the exclusive duties and functions of the plaintiffs. He further drew the attention of the court to the fact that the Baraje faction has concluded plans to open and/or operate parallel PDP Secretariats at Ward, LGA, State and National levels. The Senior Advocate of Nigeria further submitted that the Baraje led faction of the party have created confusion by which “no one knows the real PDP recognized by law and the PDP which is an ‘impostor’.” According to him, “the most embarrassing thing is that they formed themselves into what they call new PDP as if there was an old PDP. In that wise, they are interfering with the duties and functions of the national officers who were duly elected at the national convention of the party”. He therefore submitted that the court has the power and duty to protect the right acquired by the plaintiff’s pursuant to the election of August 31. “If your lordship fails to exercise that power to stop the impostors from the exercise of the right of the plaintiffs, the right may be destroyed even before the motion for the interlocutory injunction is heard, because they could have completed the act complained off,” he submitted. Bamanga claims victory Ironically, Mr. Tukur issued a statement Friday evening also claiming victory over the judgment. “Following the injunction granted by Justice E. S Chukwu of the Federal High Court sitting in Abuja, upholding the leadership of our great party under my Chairmanship, I wish to use this medium to congratulate and Page 1 of 2 | Next page
Posted on: Sat, 07 Sep 2013 12:45:32 +0000
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