A Federal High Court sitting in Abuja has restrained the national body of the Peoples Democratic Party (PDP) from dissolving the Rivers’ chapter of the State Executive Committee (SEC) over allegations bordering on anti-party activities.
In a judgement delivered on Wednesday, the trial Judge, Justice Inyang Ekwo, said the case of the plaintiff, Mr Desmond Akawo succeeded on merit.
Akawo, the Rivers state’s PDP Chairman, had sued the party and its immediate-past National Chairman, Dr Iyorchia Ayu, representing himself and members of the National Working Committee (NWC) and National Executive Committee (NEC)) as 1st and 2nd defendants.
The plaintiff also joined the Independent National Electoral Commission (INEC) as 3rd defendant in the amended originating summons marked: FHC/ABJ/CS/112/2023, filed on March 9 by his counsel, Dr Joshua Musa (SAN).
Akawo sought the court’s determination, whether having regard to the provisions of Section 223 of the 1999 Constitution and Article 47(1) of the Constitution of the PDP (as amended In 2017), executive members of the Rivers state’s PDP were not entitled to serve their term.
According to the plaintiff, he and other members of the State Executive Committee (SEC), the Local Government Area (LGA) executive committee, and the ward executive committee were elected and sworn-in, pursuant to the state’s congress held on March 21, 2020 and were entitled to complete their four-year term which expires on or about May 22, 2024.
Akawo, in the affidavit which he personally deposed to, averred that the PDP and its national chairman on January 4, prior to the general elections, threatened to unilaterally dissolve the Rivers’ chapter of SEC and replace the same with an Interim Caretaker Committee.
He, however said that, prior to the threat, neither any member of the state committee nor himself had ever been queried by the defendants and sought an order of injunction restraining the party and the national chairman from dissolving, suspending or truncating the tenure of the Rivers’ SEC, the LGA executive committee and the ward executive committee until May 22, 2024, when their four-year term would expire, among other reliefs.
Justice Ekwo held that the PDP and its national chairman did not deny Akawo’s averments and added that,
“Essentially, the 1st and 2nd defendants have admitted the case of the plaintiff on this issue.
“The law is that, facts admitted need no further proof;” he said and granted all the reliefs sought by Akawo, declared that the party and its national chairman cannot unilaterally and without reasonable cause, dissolve the state’s executive committee s who were democratically elected for a four-year period.
He also gave an order of injunction restraining the defendants from appointing any person or group of persons as interim caretaker committee in the state until May 22, 2024.
Justice Ekwo further gave an injunction order restraining INEC from according recognition or accepting any name as caretaker committee of the PDP in Rivers state except those democratically elected and represented by Akawo in the suit.
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