31st July, 2024
Okafor Ofiebor/Port Harcourt
Federal High Court in Port Harcourt has ruled that the Chapter of the Rivers State Peoples Democratic Party, PDP, and State Legal Adviser have the right to appoint their own legal Counsel to represent them and the party on matters concerning the state chapter independent of the National Legal Adviser of the party.
This ruling followed a lingering suit over the appropriate legal representation brought before the presiding judge, Mohammed Obile by the National legal adviser of the PDP.
The presiding Judge, Mohammed Obile of the Port Harcourt division of the Federal High Court ruled that the state chapter of the Peoples Democratic Party (PDP) has the right to appoint legal counsel for the Chapter without taking instructions from the National Legal Adviser of the party in Abuja.
The ruling is a sequel to a suit brought before the presiding Justice Obile by the National Legal Adviser of the PDP, challenging the authority of the State Legal Adviser of the PDP in Rivers state to appoint legal representation in a case filed by the Party seeking to declare the seats of Martin Amaewhule and 27 others vacant, following their defection to the APC which the PDP had applied to be joined.
The Rivers State Chapter of the PDP had appointed a legal Counsel, Joshua Musa, SAN, to represent it, but the national legal adviser of the party, Kamaldeen Ajibade, SAN, also appeared in court to represent the party as well.
He argued that as a National Legal Adviser, he was in the right position and had the official responsibility to defend the party and its candidates in court.
In several appearances in court that necessitated adjournments, Ajibade, SAN, raised objections to the appearance of Musa, SAN, for the State PDP, arguing the state had no authority to appoint its own independent legal representation without the permission of the national body in Abuja.
The court had for some time been saddled with the issue of adjudicating on the right Counsel to represent the state chapter of the party before dealing with the substantive case about the defection of Amaewhule-led lawmakers of the Rivers State Assembly.
In today’s ruling, Justice Obile said that Ajibade, SAN has no legal powers to challenge the appointment of Musa, SAN and that the National Legal Adviser is hereby restrained from denying the State Legal Adviser the right to appoint legal representation.
The Court, therefore, quashed all the arguments and objections filed by Ajibade, SAN and slammed a N100,000 fine against him for wasting the court’s time.
