Umana vs PDP: Fed High Court to Rule this Week The Hon. Justice Adeniji Ademolaof the Federal High Court, Abuja has reserved judgment in the case brought by Umana Okon Umana against the PDP over his exclusion from participating in the Governorship primaries of the party due to its controversial zoning policy. On Monday the 24th November, 2014, after taking arguments on all the issues from their respective Counsel, the Judge promised that judgment would be delivered this week and that the Counsel would be notified of the date in due course by the court. Mr. Paul Usoro, SAN, Counsel for the PDP had strenuously argued that Hon. Umana was not excluded from contesting the primaries of the party notwithstanding the Press release from the National Publicity of the PDP, Chief Olisa Metuh on the 29th October, 2014 and that the action of the Plaintiff was premature and should be consequently dismissed. Counsel for Hon. Umana Okon Umana, however insisted that the Press release of the 29th October, 2014 written on behalf of the National Working Committee of the PDP, with its awesome powers under the Constitution of the Party had the effect of modifying the rules of engagement midway into the processes leading to the Governorship primaries. Counsel further submitted that after paying the sum of ₦11 million for his nomination, it would be foolhardy for any serious candidate to sleep on his rights and await his eventual annihilation before approaching the court. The interim injunction earlier granted on the 7th November, 2014 against the PDP and its Chairman, Alhaji Adamu Muazu and the National Working Committee of the Party was further extended till judgment. In the Originating Summons filed on the 5th November, 2014, Hon. Umana Okon Umana had posed the following questions for the determination of the Federal High Court: 1. Whether the Plaintiff, an aspirant to the office of Governor of Akwa Ibom State on the platform of the Peoples Democratic Party (PDP) can be excluded from contesting the forthcoming primary elections of the party or placed at any disadvantage on account of the Senatorial District, Local Government Area or ethnicity from which he hails. 2. Whether the Resolution of the Akwa Ibom State Chapter of the Peoples Democratic Party contained in the Communiqué published at pages 59 and 60 of The Nation Newspaper of April 24, 2014 is unconstitutional, null and void and of no effect whatsoever. 3. Whether the Press Statement issued by the National Publicity Secretary of the PDP, Mr. Olisa Metuh on the 29th October, 2014 to the effect that only governorship aspirants from Eket Senatorial District of Akwa Ibom State were eligible to contest the Party’s primaries is not unconstitutional, illegal, null and void and of no effect whatsoever. On the 7th November, 2014 he obtained Interim Injunction against the PDP and INEC on the following terms: 1. An Order of Interim Injunction restraining the 1st and 2nd Defendants from acting on the Press Statement issued by the National Publicity Secretary of the PDP, Mr. Olisa Metuh on the 29th October, 2014 to the effect that only governorship aspirants from Eket Senatorial District of Akwa Ibom State were eligible to contest the Party’s primaries pending the hearing and determination of the Originating Summons herein. 2. An Order of Interim Injunction to restrain the Peoples Democratic Party (PDP) from excluding or in any way or manner preventing the Plaintiff from participating in the Governorship Primaries of the Party in Akwa Ibom State slated for the 29th November, 2014 or the processes related there to pending the hearing and determination of the Originating Summons herein. 3. An Order of Interim Injunction restraining the 1st and 2nd Defendants from using the results of the Ward Congresses of 1st November, 2014 in Akwa Ibom State for any purpose and the 3rd Defendant from recognising the results of the Ward Congresses for any purpose; the Plaintiff and his supporters having been prevented from participating in the said Congresses following the 1st and 2n Defendants’ Press Statement excluding the Plaintiff; pending the hearing and determination of the Originating Summons herein. When the case came up on Monday the 24th November, 2014, Hon. Umana Okon Umana was represented by Chief Godwin Obla, SAN, Chief Victor Iyanam, former Attorney General of Akwa Ibom State and Uzoma Ibegbulem, Esq.
Posted on: Wed, 26 Nov 2014 06:23:08 +0000
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