“...the PDP, in the counter affidavit deposed to by Nanchang Ndam, a staff in the Legal Department of the party’s national secretariat, averred that all Wike’s depositions were untrue.”
*Photo: Wike*
A Federal High Court, Abuja, on Tuesday, extended the order restraining the Peoples Democratic Party (PDP) from suspending or expelling Gov. Nyesom Wike of Rivers from the party.
Justice James Omotosho gave the directive after counsel to the governor, Dr Joshua Musa, SAN, and lawyer to the PDP and others, Johnson Usman, SAN, agreed on March 6 to argue their case.
The News Agency of Nigeria (NAN) reports that Justice Omotosho had, on Feb. 2, gave a restraining order against the party and others listed in the face of Wike’s motion dated and field on Feb. 2.
Others joined in the suit marked: FHC/ABJ/CS/139/2023 include its National Working Committee (NWC) and National Executive Committee (NEC), National Chairman of PDP, Dr. Iyorchia Ayu; National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) as 1st to 6th respondents respectively.
The governor is praying for an order directing all parties to maintain status quo and staying all actions in the matter relating to the threat to suspend or expel him by the 1st to 5th respondents pending the hearing and determination of the originating motion.
Wike also asked for an order of the court granting him leave to serve the motion on notice, originating motion and all other processes of the court in the suit on the 1st to 5th respondents by substituted means, by pasting all the said processes at the PDP National Secretariat.
After hearing Wike’s lawyer, Dr J. Y. Musa, SAN, Justice Omotosho granted all the reliefs sought.
“All parties in this suit shall maintain peace and shall not take any action or step or act that may make the outcome of the motion on notice dated and filed on 2nd February, 2023 nugatory and worthless.
“That any act or step or action made so as to make the outcome of the motion on notice dated and filed on 2nd February, 2023 nugatory shall be a nullity.
“That leave is hereby granted to the applicant (Wike) to serve the originating motion, motion on notice and all other processes of this court in this suit on the 1st to 5th respondents by substituted means to wit, by pasting all the said processes of court on PDP National Secretariat, Wadata Plaza, Wuse Zone 5, Federal Capital Territory, Abuja,” he said.(NAN)
…. PDP asks court to dismiss Wike’s suit with substantial cost
The Peoples Democratic Party (PDP) has prayed a Federal High Court, Abuja to dismiss a suit filed by the Governor of Rivers, Nyesom Wike against it and others with substantial cost.
The PDP, in a counter affidavit dated and filed on Feb. 10 on behalf of the party’s executive members listed in the suit before Justice James Omotosho, said contrary to Wike’s deposition, none of the respondents threatened to deal with the governor.
The News Agency of Nigeria (NAN) reports that Wike, in the motion marked: FHC/ABJ/CS/139/2023, had sued the PDP, its National Working Committee (NWC) and National Executive Committee (NEC).
Others joined in the application dated and filed on Feb. 2 include the National Chairman of PDP, Dr. Iyorchia Ayu; National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) as 1st to 6th respondents respectively.
The governor is praying for an order directing all parties to maintain status quo and staying all actions in the matter relating to the threat to suspend or expel him by the 1st to 5th respondents pending the hearing and determination of the originating motion.
But the PDP, in the counter affidavit deposed to by Nanchang Ndam, a staff in the Legal Department of the party’s national secretariat, averred that all Wike’s depositions were untrue.
“That contrary to the deposition in Paragraph 3 (ii), (iii) and (iv) of the affidavit in support of the motion, I know that none of the respondents threatened to deal with the applicant (Wike), none of the respondents threatened to expel or suspend the applicant from the 1st respondent (PDP),” he said.
Ndam averred that there was no threat to Wike’s right of freedom of association by any of the respondent contrary to his insinuation.
According to him, it is in the interest of justice to dismiss this suit with substantial cost.
Upon resumed hearing, Wike’s counsel, Joshua Musa, SAN, informed that he received a notice of preliminary objection, counter affidavit to their motion on notice and a counter affidavit to their originating motion from 1st to 5th respondents.
“We were served with all this in the wee working hours of 10th of February and we are within time to respond,” he said.
Musa said he and lawyer to the respondents, Johnson Usman, SAN, had already agreed before the commencement of the sitting to take another date for hearing.
He said they agreed to come back on March 6 subject to the convenience of the court
Usman and INEC’s lawyer, M A. Bawa, did not oppose the application and Justice Omotosho adjourned the matter until March 6 for hearing.
The judge, who said that all applications filed would be taken on the next adjourned date, extended the interim order made on Feb 2, reiterating parties to maintain a status quo pending the hearing and determination of the substantive matter.(NAN)