The Chairman of the National Caretaker Committee of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi, has said that the party’s national convention will go on as scheduled.
He said this while reacting to the order of the Federal High Court, Abuja, which stopped the convention.
The convention is slated for Tuesday at Port Harcourt, Rivers State.
He said that the order was not superior to the order the party received from Port Harcourt earlier in the day giving permission to hold the convention.
The former governor said the Court of Appeal will settle the issue later.
He said, “The convention is going ahead as the Abuja Federal High Court is not superior to the Port Harcourt Federal High Court which earlier today gave us the go ahead.
“Court of Appeal will sort it out “
While a Federal High Court sitting Abuja ordered the suspension of the national convention of the Peoples Democratic Party (PDP) scheduled to hold in Port Harcourt, Rivers State, tomorrow, another Federal High Court sitting in Port Harcourt, on Monday, validated the convention.
Earlier, the court sitting in Port Harcourt had directed the Independent National Electoral Commission (INEC), the police and the Department of Security Service (DSS), respectively, to monitor and provide security during the convention.
Justice Ibrahim Watila gave the orders in Port Harcourt, while ruling on a motion on notice, in suit number FHC/ PH/CS/585/2016, filed by the secretary of the PDP national convention planning committee, Senator Ben Obi, for himself and other members of the committee against the Inspector-General of Police, Rivers State Commissioner of Police, DSS and INEC.
Similarly, chairman of the PDP national convention planning committee, Governor Nyesom Wike of Rivers State, also assured that the convention would hold as scheduled, noting that it was backed by the court and all other legal authorities.
Justice Watila ruled that: “The first, second, third and fourth defendants are hereby mandated to provide security for the national convention of the PDP, scheduled to hold in Port Harcourt, on Wednesday, August 17 2016 or any other date and venue, pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.
“The fifth defendant (INEC) is mandated to monitor the national convention of PDP, scheduled to hold in Port Harcourt, on Wednesday, August 17, 2016 or any other date and venue, pending the hearing and determination of the motion on notice or the originating summons as the honourable court may decide.”
The Port Harcourt Federal High Court also ordered that the police, DSS and INEC be served by substituted means through their respective offices in Port Harcourt.
The trial judge declared that the judgment, on July 4, 2016, of the Federal High Court, Port Harcourt, which recognised the May 21, 2016 national convention and which produced the PDP national caretaker committee, had not been appealed against or set aside, hence the court would protect that judgment.
He said there was no injunction against the holding of the convention in Port Harcourt, on Wednesday, as brought to the attention of the court during the hearing of the application by Senator Obi, adding that the affidavit tendered by the plaintiff/applicant was true, as it was not contested at any point by the defendants, though they were duly served.
Justice Watila adjourned till today (Tuesday) hearing on the originating summons filed by Senator Obi, even as Obi’s counsel, Nyeche Wori, said, by the interlocutory injunction, PDP had obtained a legal backing to go ahead with the convention as scheduled.
Reacting to the ruling, Governor Wike, who doubled as the chairman of the PDP national convention committee, said the stage was set for the convention.
“Let me assure you that, as the chairman of the national convention planning committee, we are backed by law and the court that the convention will go ahead.
“The court has recognised the May 21 national convention before now in its July 4, 2016 judgment. Again, today, the Federal High Court has re-confirmed that INEC should monitor the August 17, 2016 National Convention and that the security agencies should provide security as required,” he said.
The governor further clarified that the PDP national caretaker committee joined INEC and the security agencies in the suit because they were party in the July 4, 2016 judgment.
A Federal High Court in Abuja on Monday had issued an order suspending the proposed national convention of the Peoples Democratic Party (PDP).
Justice Okon Abang who issued the order that suspended the convention said that he did so in the interest of justice to both parties in a suit pending before him.
Abang also said that the order was issued to curb the excesses of some parties in the matter and to serve as a disciplinary action against those treating the court with levity.
He made particular reference to Sen. Ben Obi, a member of the caretaker committee.
The judgment followed the interim order obtained by Obi from a Federal High Court in Port Harcourt division in which the Police, the Department of State Security Services, DSS, and the Director -General, DSS, were restrained from interfering or stopping the Port Harcourt convention.
The Port Harcourt ex-parte order also directed the Independent National Electoral Commission (INEC) to supervise and monitor the convention planned by the Sen. Ahmed Makarfi led faction and the BOT of the party.
Justice Abang whose attention was drawn to a copy of the ex-parte order obtained by Obi who had been joined as a party in the case before him said that the action of Obi in filing the motion was in bad taste.
The judge held that Obi secretly went to Port Harcourt to obtain the said order when he knew that he was a party seeking to be joined in the legal action filed by the Ali Modu-Sheriff faction seeking to stop the Port Harcourt convention.
“Sen. Ben Obi cannot undermine the authority of this court having become aware of the pendency of this matter, he ought to have waited for the outcome of this court.
“He cannot slap the court in the face and expect the court to grant him any indulgence.
“Democracy is not anchored on the whims and caprices of anybody, it is also not anchored on self help. Obi cannot treat the court with levity.
