PDP WILL BOUNCE BACK STRONGER… #Court Withdraws Order Stopping PDP Special Convention# An Abuja High Court on Friday withdrew its earlier order stopping the PDP from going ahead with its planned special convention to elect some of its substantive officers. Justice Suleiman Belgore had last week, while ruling on an interlocutory application brought by three members of the party against the decision of the party to appoint some people to act in the place of members of the National Working Committee who resigned, held that PDP should allow sanity to reign and refrain from proceeding with the conduct of its planned special convention. The new order followed an application for withdrawal of the suit that was brought by counsel to the plaintiffs, Mr. Friday Nwosu. The applicants prayed the court for a leave to discontinue or withdraw the suitor. Earlier Nwosu had informed the court about the change of the applicant’s counsel. Counsel to 1st and 2nd respondent did not object to the application. In his judgement, Justice Belgore held that “there is no problem as to discontinuing the suit, if not that the case is a special one that has political intonation. No judge will insist that a plaintiff must continue with a case seeking to be withdrawn. It is impossible to force anyone to continue with a suit if such person is not willing. In effect, the prayer to discontinue is granted. “I have perused through the provision of Order 27(3) under the applicant brought the application, the section envisages striking out and not dismissal. The appropriate order in this circumstance is to strike out. The suit is accordingly struck out. The effect of the earlier order restraining the party to hold its special convention is now discharged and it crumbles with the striking out of the case.”
Posted on: Sat, 03 Aug 2013 03:36:29 +0000
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