A Federal High Court sitting in Abuja on Friday turned down the request by the Peoples Democratic Party (PDP) and its National Chairman, Alhaji Bamanga Tukur, to stop the Independent National Electoral Commission (INEC) from recognising, dealing and relating with the Abubakar Kawu Baraje-led faction of the party.
Justice Elvis Chukwu also refused the prayer by the Tukur-led PDP to restrain members of the Baraje faction from parading themselves as national officers of the party and from operating or opening a parallel National, State, Local Government Area and Ward Secretariat of the party, pending the determination of the motion on notice for interlocutory injunction.
In addition, they also failed to stop the Baraje-led faction of the party from interfering and continued interference with the duties and functions of the newly-elected Executives of the party.
Rather than grant the exparte injunction, Justice Chukwu said the defenadants should be put on notice and adjourned the case to September 12, 2013 for accelerated hearing.
Ruling on the application, Justice Chukwu held: “Although I’m not afraid of granting an ex-parte order especially when it borders on issues capable of creating anarchy, I owe a duty to maintain a balance. In the circumstance, what I want to do is to order that they be put on notice.
“Both parties are to maintain status quo ante bellum pending the hearing and determination of the motion on notice. The time for hearing all the processes in this suit is to be abridged to four days.”
The court, however, granted an order directing that the originating summons and all other processes in the suit be served on the defendants by substituted means by pasting the processes on the entrance gate of their residences.
Tukur and his PDP had approached the court via a motion exparte brought pursuant to order 46 Rule 5 (2) and order 6 Rule 5 (c) wherein the urged the court to grant the above reliefs.
The motion which was filed and argued by Chief Tochukwu Onwugbufor (SAN) on behalf of the applicants listed the Independent National Electoral Commission (INEC), Alhaji Abubakar Kawu Baraje, Dr. Jaja Sam Jaja, Prince Olagunsoye Oyinlola and former Vice President Atiku Abubakar as defendants.
While moving the exparte application, Onwugbufor informed the court that the defendants have concluded plans to sumbit to the INEC on Friday, the names of the purported Governorship and Deputy Governorship candidates of the PDP for the November 16, 2013, gubernatorial elections in Anambra State, thereby, usurping the exclusive duties and functions of the plaintiffs.
He further drew the attention of the court to the fact that the Baraje faction has concluded plans to open and/or operate parallel PDP Secretariats at Ward, LGA, State and National levels.
The Senior Advocate of Nigeria further submitted that the Baraje led faction of the party have created confusion by which no one knows the real PDP recognized by law and the PDP which is an ‘impostor’.
He said: “The most embarrassing thing is that they formed themselves into what they call new PDP as if there was an old PDP. In that wise, they are interfering with the duties and functions of the national officers who were dully elected at the national convention of the party.
He, therefore, submitted that the court has the power and duty to protect the right acquired by the plaintiff’s pursuiant to the election of August 31, 2013.
“If your lordship fails to exercise that power to stop the impostors from the exercise of the right of the plaintiffs, the right may be destroyed even before the motion for the interlocutory injunction is heard, because they could have completed the act complained off”, he submitted.
