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An Appeal Court in Port Harcourt has dismissed a suit by the suspended national chairman of the Peoples Democratic Party (PDP, Uche Secondus aimed at stopping the party’s convention.
The Court also ordered the PDP to go ahead with the party’s national convention scheduled to hold in Abuja on Saturday and Sunday.
The panel of three judges led by Justice Haruna Tsammani gave the order in a judgment in which the court held that the application lacked merit.
Secondus filed a suit marked: CA/PH/339/2021 seeking, among others, to restrain the PDP from conducting its national convention.
The court held that the application was an afterthought and abuse of court processes, adding that after due consideration of the facts and circumstances of the case, it was “neither just nor convenient to agree to the appellant’s application.
The panel of three judges led by Justice Haruna Tsammani found no merit in Secondus’ appeal saying he voluntarily relinquished his office since he did not challenge his removal at ward and local government levels.
Justice Gabriel Kolawole who read the judgment on behalf of the panel members ruled that Secondus’ application was a distraction against the PDP is holding its convention.
Kolawole upheld the judgment of the lower court, reiterating that Secondus failed to join the acting national chairman nominated by the party to oversee the convention in the suit.
“And, he (Secondus) cannot claim to fight for the personal right to clinch back his position after the party that gave him the power has already given it out to another,” the judge added.
“Having regards to this development, to accede to the appellant application will cause greater problems and confusion to the 6th respondent (PDP)” especially as it relates with all plans and arrangements for its National Convention,”he said.
Henry Bello, one of the counsels to PDP who spoke on behalf of other counsel said that the court had dismissed the application of Secondus to stop the PDP National Convention.
Bello stated that several reasons had been given by the court but they are not in favour by the court because the matter was only agreed on October 28 and the ruling on October 29.
“We have not been given through certified copy so we will not like to mislead the public, but it is sufficient that the court has not found any merit in the application so the application is dismissed,” he said.
Tayo Oyetibo, counsel for the appellant, in an interview with newsmen, said that the court agreed that the application was not an abuse of court process contrary to the view of others.
He stated that the court took the view that because of all the arrangements that the party had made and also the expenses that they had incurred, the injunction will not be accepted so the court has directed that the PDP should continue its national Convention.
“But the instruction is that the appeal continues depending on the outcome of the appeal, if we succeed it will have an impact on whatever decision that is taken by the National Convention because we still have an appeal pending in this court.
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