20th March, 2012
The suit instituted by some aggrieved members of the Peoples Democratic Party, PDP in Lagos State, Southwest Nigeria, against the Caretaker and Reconciliation Committee of the party, has been adjourned till Monday, 26 March.
When the matter was mentioned at a Federal High Court sitting in Lagos Tuesday morning, counsel to the plaintiffs, barrister Olumide Sofowora told the court that despite the subsisting order of the court, the defendants went ahead to conduct the state congress.
Counsel to Independent National Electoral Commission, INEC, Mr. A. Lawal told the court that he was in the court when the order was made.
In view of this, their counsel said INEC did not participate in the said congress.
A lawyer representing PDP Transition, Reconciliation and Congress Committee, Mr. Rotimi Ogunjobi, claimed that he had just been briefed by the defendant, therefore he needed some time to regularise his position.
He also told the court that his clients were not aware of any court order as they were not served.
However, Sofowora in his own reaction, while citing some legal authorities said the court bailiffs tried to serve the defendants but they refused to accept the service.
In view of this, in the circumstances, Sofowora said, the order is deemed to have been served.
He then urged the court to check its records to see the affidavits which the bailiff has filed before the court.
The presiding judge, Mohammed Liman read part of the affidavit sworn to by the court bailiff.
In the affidavit, the bailiff averred that when he got to PDP secretariat at about 4.45 p.m. he met policemen at the gate who told him that the party officials had closed for the day.
Consequently, the defendants’ counsel Rotimi Ogunjobi accepted service on behalf of the defendants.
He then asked for short adjournment.
Thereafter, Justice Liman adjourned the matter till Monday, 26 March for the hearing of the substantive case.
—Akin Kuponiyi