Barristers & Solicitors
Court renews order barring PDP, Ayu, others from suspending, expelling Wike
nyesom wike

AFederal High Court in Abuja on Tuesday renewed its February 2 order restraining the Peoples Democratic Party (PDP) and its leadership from taking steps to either suspend or expel Rivers Governor, Nyesom Wike from the party.

Justice John Kayode Omotosho renewed the order at the resumed hearing of the suit marked: FHC/ABJ/CS/139/2023 filed by Wike, to challenge among others, the propriety of the alleged threat by the leadership of the PDP to either suspend or expel him.

Listed as defendants in the suit are the Peoples Democratic Party (PDP); the National Working Committee (NWC) of the PDP; the National Executive Council (NEC) of the PDP; its Chairman, Iyiocha Ayu; the National Secretary, 

Samuel Anyanwu; and the Independent National Electoral Commission (INEC).

At the mention of the case on Tuesday, Wike’s lawyer, Joshua Musa (SAN) told the court that his client was served late on February 10 with documents filed by the defendants, including a notice of preliminary objection and counter affidavit to the plaintiff’s motion for interlocutory injunctions.

Musa said his client was still within time to respond to the documents served on him by the defendants. He sought an adjournment to that effect.

Lawyer to first to fifth defendants – the PDP, its National Working Committee (NWC), its the National Executive Council (NEC), its Chairman, Iyiocha Ayu, and its National Secretary, Samuel Anyanwu – Johnson Usman (SAN) did not object to an adjournment, but suggested that the court first hear his client’s notice of objection.

Ruling, Justice Omotosho elected to hear the defendants’ objection along with the plaintiff’s motion for interlocutory injunctions and the originating summons.

Upon the consent of lawyers to parties, including Mohammed Bawa (for INEC), the judge adjourned till March 6 for hearing.

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Before adjourning, Justice Omotosho said he was renewing the order earlier made by the court for parties not to do anything to render nugatory the result of the proceedings before the court.

Also on Tuesday, Justice Omotosho, scheduled hearing for February 15 at 12noon, on the motion by former Governor of Enugu State and the Senator representing Enugu East Senatorial District for the amendment of the originating summons he filed against the threat by the PDP to suspend or expel him.

Nnamani’s lawyer, Francis Ani said the amendment was informed by some recent developments in relation to his client’s membership of the party.

Ani attempted to move a motion ex-parte for the court’s permission to effect the amendment and to serve the amended court papers on the PDP and Ayu through substituted means.

But, Usman, who announced an appearance for the PDP and Ayu, said his clients have instructed him to accept service on their behalf.

Ruling, the judge held that in view of Usman’s claim, the court would allow service on the PDP and its Chairman through their lawyer.

Justice Omotosho ordered the conversion of the plaintiff’s motion ex-parte for the amendment to a motion on notice to afford the defendants a hearing opportunity.

He adjourned till 12noon on Wednesday.