PDP now free to hold convention –Court

[Mirror]

•As aggrieved party members withdraw suit

Reprieve came the way of the ruling Peoples Democratic Party, PDP, yesterday, as an Abuja High Court discharged an earlier order restraining the party from holding its August 31 scheduled national convention.

Justice Suleiman Belgore had, on July 25, made an order restraining PDP or its agents, from holding the planned special convention, pending the determination of an originating summon.

An earlier attempt made on July 29, to vacate the devastating order failed, as Justice Belgore held that, "It will be inequitable to discharge the restraining order, based on numerous applications before this court."

However, upon a formal application made by Abba Yale, Alh. Yahaya Sule and Bashir Maigudu (plaintiffs), for the withdrawal of the originating summons, the court was compelled to strike out the suit, in response to the prayer made on their behalf by counsel, F. N Nwosu.

In his address, Nwosu had told the court that the plaintiffs/applicants decided to withdraw the suit, following the setting up of the PDP national reconciliation committee, headed by Bayelsa State Governor, Mr. Seriake Dickson. They hope to explore the window of opportunity afforded by the Dickson-led committee, to address their perceived grievances.

The court refused the pleas made by Tobechukwu Nweke and R. K Oluyede, who appeared for the PDP and its national chairman, Alh. Bamanga Tukur, respectively, urging it to dismiss the suit, ostensibly to foreclose the plaintiffs from any future attempt at refiling a suit with similar subject matter.

Justice Belgore observed that the court could not force plaintiffs to sustain a suit against defendants. "I have considered the application; there is no problem if not because this is a special case that has political intonation.

"No judex or judge will that a plaintiff continues a case against a defendant; you cannot force a person to continue a case in court against a defendant. "I believe this is in the interest of all parties concerned.

In effect, that prayer to discontinue the suit is hereby granted without much ado. "This application is hereby struck out and the effect of the earlier order is no longer of any consequence.

"That order (restraining the PDP from holding its planned convention) is now discharged, as it crumbles with the case", the judge stated.

The implication of this is that the scheduled convention of the PDP, will now go on without any inhibition.

Addressing journalists at the end of proceedings, one of the plaintiffs, Maigudu, said: "We decided to institute the action because we felt we had grievances, and now, we decided to withdraw this matter; the party has set up a reconciliation committee, and there is no need to continue this action."

It would be recalled that the court had made an order stopping the PDP from holding its scheduled convention. Justice Belgore had held that the action of the ruling party (Defendant), to hold its forthcoming convention, was intended to foist a "fait accompli" on the court, as aptly demonstrated in the setting up of some sub-committees for the convention.

While describing PDP's decision to hold its convention as "recklessness of the highest degree", the judge warned that no "judex" (judge) would allow a party or parties in a suit to ridicule him or bring the sanctity of the court to disrepute or odium.

Consequently, he granted "An order of interlocutory injunction restraining the defendant (PDP) and all its agents including its national chairman and any group of persons acting on its behalf from convoking, convening or holding any special or ordinary convention."

National Mirror