A Federal High Court in Lagos
yesterday voided the
recently conducted South
West zonal congress of the
People’s Democratic Party
(PDP).
The congress produced former
Ekiti State governor, Segun
Oni, as the party’s National
Vice Chairman (South West).
Justice Okon Abang, in a
ruling, set aside the said
congress on the grounds that
it was held in violation of a
subsisting order of court,
directing parties to maintain
the status quo pending the
determination of the suit
instituted by the Dayo
Soremi-led faction of the
party in Ogun State.
The judge observed that
despite that the party’s
former National Vice Chairman,
South West, Alhaji Tajudeen
OLadipo’s lawyer, Waheed
Lawal, undertook to ensure
that his client take no further
steps in respect of the issues
raised by the plaintiff, Oladipo
proceeded to conduct the
congress and put the plaintiffs
in a position of disadvantage.
Justice Abang deprecated
Oladipo for conducting the
congress despite the court
order, describing him as an
individual without respect for
the due process of law and
the rule of law. He held that
his action was meant to foist
on the court a state of
helplessness by taking a short
cut “which now amounts to a
nullity.”
“Any responsible citizen of this
country, no matter his
position, ought to respect the
court’s order particularly
when processes and such
orders are served on them.
They should allow the court to
decide the case one way or
the other.
“I will not allow anybody, no
matter how highly placed, to
act in a manner that
challenges the majesty of the
court and likely to bring the
court to disrepute or odium.
The conduct of the zonal
congress by Alhaji Tajudeen,
despite a subsisting court
order, is mischievous,” the
court held.
Justice Abang described the
action of the party leaders in
the South West as “reckless,
disgraceful and high-handed”,
noting that “it signposts their
disdain for the observance of
the rule of law.”
“Disobedience to court orders
is an endemic disease that has
eaten deep into the fabric of
this country. A court must
enforce the law in a manner
that will ensure the
attainment of social
reengineering,” the court held.
Justiec Abang said but for the
fact that the plaintiffs had
not filed committal applications
against the defendants, he
would have shown them some
lessons that “court orders
are meant to be obeyed.”
Justice Abang, aside voiding
the congress, also set aside
the list of delegates sent to
the party’s headquarters by
the Ogun chapter and the
nullification of the nomination
of Tunji Akinosi, Segun
Sowunmi and Pegba Otemolu
as delegates from Ogun
chapter.
The court also gave an interim
injunction restraining the PDP
by its national organs –
National Working Committee,
National Executive Committee,
its South West zonal organs
and their officials from taking
any disciplinary actions against
them in respect of purported
queries for Chief Soremi, the
Chairman of the party’s
Harmonised Executive in the
state and others, including
Prince Buruji Kashamu, pending
the determination of the
substantive suit.
It also restrained the party,
its organs and officers from
taking disciplinary actions
against the plaintiffs and their
supporters in respect of the
congresses they conducted in
the state pursuant to the
judgment by Justice Charles
Achibong on January 27 this
year.
Justice Abang also compelled
the PDP by its organs and
officers to “accept, recognize
and utilize the results of the
congresses conducted at
ward, local government and
state levels of the party
under the leadership of the
applicants.” The court further
ordered the party to accord
the officers elected from the
said congress all necessary
recognition and facilities
recognized in the party’s
constitution.
The court discountenanced
the argument by defendants’
lawyer, Chief A. O. Ajana, that
the party’s former Zonal Legal
Adviser, Waheed Lawal, who
represented Oladipo in the
case was not briefed. Justice
Abang held that it was not
the duty of the court to
enquire whether or not a
lawyer representing a party
has such party’s mandate.
The judge also held that it
was not the law that a lawyer
must first file a memorandum
of appearance before he is
accorded audience in court as
against the argument by
Ajana.
The court’s ruling was on an
application by members of the
Harmonised Executive of the
PDP in Ogun State
represented by Dayo Soremi,
Engr Bayo Dayo and Hon Taiwo
Abisekan. Named as
defendants are the PDP,
former Acting National
Chairman, Abubakar Kawu
Baraje, Tajudeen Oladipo, Uche
Secondus, Olusola Oke and
Prof Rufia Alkali.
Soremi and others had sued,
challenging the legitimacy of
queries for Soremi and the
Secretary to the Harmonised
Committee, Pegba Otemolu, by
Oladipo, on the bases of which
they were threatened with
disciplinary measures.
They also queried the
legitimacy of a published
directive purportedly made by
Alkali, barring the party from
conducting congresses in the
state, allegedly cancelling
those earlier conducted and
threatening disciplinary
measures against anyone who
disobeyed the said directive.
Justice Abang adjourned to
May 2 at 12 noon for the
hearing of the defendants’
notice of preliminary objection
and the substantive suit which
particularly seeks to enforce
the judgment by Justice
Achibong to the effect that
the Soremi-led Executive
represents the party’s
authentic leadership in the
state.
Source: The Nation Newspaper
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