An Appeal Court sitting in Port Harcourt, Rivers State has fixed Thursday, October 28, to hear and determine an appeal filed by Prince Uche Secondus, suspended former National Chairman of the Peoples Democratic Party.
Secondus in the appeal marked CA/PH/ 339, is asking the court to restrain the PDP from conducting its National Convention slated for October 30 and 31, 2021.
The three-man appeal panel led by Justice Haruna Tsammani adjourned the argument on the application seeking to stop the PDP from conducting its National Convention this weekend.
The argument on the application was adjourned till 12pm on Thursday following an application for joinder by interested parties.
It is, however, not clear if the court would make any pronouncement on the adjourned date.
The PDP had fixed October 30 and 31 for a special convention to elect new national officers in Abuja, as a means to resolve the internal crisis that rocked the Secondus led National Working Committee of the party.
But Secondus is not pleased with the decision to conduct the convention which would abruptly end his tenure that was due to expire in December.
The suspended PDP National Chairman later filed an application as part of the processes in the ongoing litigation over his suspension from the party, to stop the party from holding the convention.
Following the suspension of Secondus, Mr Yomi Akinwonmi has been serving as the PDP National Chairman in an acting capacity.
Meanwhile, same Court of Appeal has dismissed an application challenging the suspension of former National Chairman, Prince Uche Secondus, from the PDP.
The appellate court struck out the suit on Tuesday during its sitting in the Rivers State capital.
The PDP had filed the application at the appellate court to test the validity of Secondus’ suspension from the main opposition party.
In its judgement delivered on September 10, a high court in Rivers affirmed the suspension of Secondus from the party at his ward in Ikuru Town in Andoni Local Government Area of the state.
During proceedings on Tuesday, the new counsel to the main opposition party, Sunday Ameh, told the court that upon going through the processes, he did not find the need to continue with the application.
In another breath, a PDP chieftain and chairmanship aspirant, Mr. Yari Danjuma, has approached a Federal High Court sitting in Abuja, as he seeks an order to stop the forthcoming PDP National Convention.
Specifically, Danjuma is challenging the alleged refusal of the party to make public the expression of interest form for qualified members willing to contest for the post of the National Chairman of the party at the Convention.
In the suit number, FHC/ABJ/CS/1279/2021, Danjuma is praying the court to hold as illegal, unconstitutional, null and void the deliberate refusal to sell or make available to him the nomination form to enable him to contest for the national office.
According to the plaintiff, the deliberate failure or refusal of PDP to sell or make available Expression of Interest Form to him or other interested members of the party or aspirants for the position of the National Chairman of the Party is undemocratic.
The plaintiff, through his counsel, Olomotane Egoro, is seeking an order of the court to stop INEC from monitoring or observing the said National Convention.
The plaintiff also urged the court not to recognize any person purportedly elected or appointed as the National Chairman of PDP at the said convention or give effect to any outcome of the gathering in any manner whatsoever.
Joined as defendants in the suit are the Independent National Electoral Commission, Peoples Democratic Party and the Inspector-General of Police.
In the suit, he prayed the court to determine the following questions:
Whether the purported or proposed National Convention of the 2nd Defendant (PDP) is scheduled to hold on 30th October, 2021 or at any other such date thereafter, which is being organised, conducted and planned without any sale or publication of Expression of Interest Form for or to interested members of the party or aspirants for the position of the National Chairman of the Party, is not in deliberately exclusionary, illegal, unlawful, unfair, unconstitutional and undemocratic and therefore contrary to the provisions of Section 223(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 85(3) of the Electoral Act, 2010 (as amended) and Article 49 of the Constitution of the Peoples Democratic Party (PDP).
Whether upon the calm and community construction of the clear and mandatory provisions of Section 223(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 85_(3) of the Electoral Act, 2010 (as amended) and Article 49 of the Constitution of the Peoples Democratic Party (PDP), the Plaintiff being an eligible, financial and qualified member of the 2nd Defendant (PDP) can be validly excluded or deliberately prevented from participating, contesting or seeking election for the position of the National Chairman of the party by the refusal to sell or make available an expression of Interest Form for the said election prior to the National Convention of the party scheduled to hold on 30th October, 2021 or at any other such date thereafter whether such conduct or act of the 2nd Defendant (PDP) is not illegal, unlawful, unconstitutional, undemocratic and therefore rendered the proposed, planned or scheduled National Convention and/ or its outcome null and void, as a result thereof?
The plaintiff also prayed the court for the following reliefs:
A declaration that the purported or proposed National Convention of the 2nd Defendant (PDP) scheduled to hold on 30th October, 2021 or at any other such date thereafter, which is being organized, conducted and planned without any sale or publication of Expression of Interest Form for or to interested members of the party or aspirants for the position of the National Chairman of the party, is deliberately exclusionary, illegal, unlawful, unfair, unconstitutional and undemocratic.
A declaration that the Plaintiff being an eligible, financial and qualified member of the 2nd Defendant (PDP) cannot be validly excluded or deliberately prevented from participating, contesting or seeking election for the position of the National Chairman of the 2nd Defendant (PDP) by the refusal to sell or make available Expression of Interest Form for the said election prior to the National Convention of the party scheduled to hold on 30th October, 2021 or at any other such date thereafter.
An order compelling and directing the 1st Defendant, either by itself, staff, agents, officers or howsoever described, NOT to monitor or observe the said National Convention of the 2nd defendant (PDP) scheduled to hold on 30th October, 2021 or at any other such date thereafter, without the participation of the Plaintiff or to recognize any person purportedly elected or appointed as the National Chairman thereat or give effect any outcome of the gathering in any manner whatsoever.
An order of the court compelling and directing the 3rd Defendant to ensure the protection of lives and property and prevention of the breakdown of law and order by preventing the purported gathering of the 2nd Defendant (PDP) on the said 30th October, 2021 or at any other such date thereafter under the guise of conduct of the purported National Convention of the party.
An order of perpetual injunction restraining the 2nd Defendant (PDP) either by itself, officers, members or howsoever described from proceeding with the purported gathering or National Convention scheduled to hold on 30th October, 2021 or at any other such date thereafter.