14th May, 2024
By Taiye Agbaje
Federal High Court, Abuja, on Tuesday, fixed July 15 for judgment in three suits filed against the former Chairman of PDP, Uche Secondus, and two others, seeking an order restraining them from attending the party’s executive meetings.
Three PDP members in Rivers had filed three separate suits against Secondus; sacked Governor of Rivers, Celestine Omehia, and former Deputy Speaker of the House of Representatives, Austin Opara.
The suit against Secondus and seven others, marked: FHC/ABJ/CS/440/2024, was filed by Titus Jones.
The second against Omehia and five others, marked: FHC/ABJ/CS/436/2024 was filed by Precious Wobisike, while the third, marked: FHC/ABJ/CS/438/2024 against Opara and seven others, was filed by Chisa Amadi.
The judge had, on April 5, issued ex-parte orders, which among others, restrain the three PDP chieftains from attending any meeting of the National Executive Committee (NEC) and/or Board of Trustees (BoT) of the party, pending the hearing and determination of the substantive suit.
Justice Ekwo restrained them from participating in deliberations or proceedings of the meetings in any manner after the plaintiffs’ counsel, Joshua Musa, SAN, moved the motion to the effect.
But Secondus, Omehia and Opara had applied that the execution of the orders be stayed pending the determination of the appeals they filed, challenging the ex-parte orders.
However, Justice Ekwo, in a ruling, dismissed their applications seeking to set aside the interim order on the ground that their motions for stay of execution of the order were wrongly filed and therefore, incompetent.
The judge held that under Order 26(9)(1) of the Federal High Court (Civil Procedure) Rules (FHCCPR) 2019, what Secondus, Omehia and Opara ought to do was to apply to the court to either vary or discharge the orders, not to apply for stay.
The judge said: “By Order 26 (9) (1) of the FHCCPR 2019, it is provided that where an order is made on a motion ex -parte, any person affected by it may, within seven days after service of it, or within such further time as the court shall allow, apply to the court by motion to vary or discharge it.”(NAN)(www.nannews.ng)
Justice Inyang Ekwo fixed July 15 for the delivery of the judgment on Tuesday after lawyers to the parties adopted their processes and argued their case for and against the suit.