Prince Uche Secondus, a former National Chairman of the Peoples Democratic Party (PDP) has asked the court to stop the party from conducting the National Convention which has been scheduled to take place on October 30 and 31, 2021.
In a letter addressed to the party (6th respondent) by his counsel, Tayo Oyetibo (SAN) on Friday, Secondus said the planned convention should be suspended pending the outcome of his case in the court.
Recall that following the crisis that recently rocked the party, a Rivers State High Court had on September 10, asked Secondus to stop parading himself as chairman of the party.
The High Court restrained the former chairman from performing the functions of the office of the National Chairman of the PDP.
Secondus had sequel to the judgement, asked the Abuja Division of the Court of Appeal to affirm that his four-year tenure ends on December 9, 2021, according to the party’s constitution.
According to the letter issued by his counsel, the application has since been served on all the respondents in the appeal.
The letter indicated that “an Application on Notice has been filed in which Prince Uche Secondus is seeking, an order of injunction restraining the PDP, the 6th Respondent herein, whether by itself, its officers, servants, agents and or representatives from holding or conducting its National Convention scheduled for 30th and 31st October 2021 or any other date, pending the hearing and final determination of this appeal.”
It was addressed to the PDP acting National Chairman, Yemi Akinwonmi; the Chairman, PDP National Convention Committee, Governor Ahmadu Fintiri of Adamawa State; PDP National Organising Secretary, Austin Akobund; PDP National Legal Adviser, Emmanuel Enoidem; and the party’s National Secretary, Senator Ibrahim Tsauri. The letters were routed though the recipients’ lawyers, Chief E.O. Oddey Odey and Odey Solicitors.
The letter from Oyetibo read in part, “This letter is intended to draw your attention to the position of the law of Nigeria on this subject as encapsulated in the judgment of the Supreme Court of Nigeria in the celebrated case of Governor of Lagos of Lagos State vs. Chief Emeka Ojukwu (1986) I NVVLR (Part 1 8) 621 @ 637, in which the court reviewed various decisions on the point, and approved the following principles as the correct position of the law, that is:
“The rule is well-settled that where a suit is brought to enjoin certain activities of which the defendant has notice, the hands of the defendant are effectually tied pending the hearing and determination even though no restraining order or preliminary injunction be issued.
“The conclusion to be drawn from all the cases is that after a defendant has been notified of the pendency of a suit seeking an injunction against him even though a temporary injunction be not granted, he acts at his own peril and subject to the power of the court to restore the status wholly irrespective of the merits as they may be ultimately decided.”
In his appeal against the decision of the Court of Appeal, Port Harcourt Division, Secondus is seeking, among others, an order of injunction restraining the PDP, whether by itself, its officers, servants, agents and or representatives, from holding or conducting its national convention pending the hearing and final determination of his appeal.
His lawyers said the application had since been served on the party and other respondents in the appeal.
He, however, noted that “notwithstanding the service of the application for injunction, it has come to the notice of our client that the PDP and its officers continue to prepare to hold the national convention on 30 and 31.”
When contacted, the Deputy National Publicity Secretary of the PDP, Diran Odeyemi, said, “I believe the PDP is a law-abiding party and that it would do the needful. The fact remains that with recent happenings in the party, many members are unhappy but as loyal party members, we look to the party to lead the way.”
