The Appeal Court sitting in Port Harcourt, Rivers State has reserved judgement on the application brought before it seeking the leave of the court to suspend the Peoples Democratic Party (PDP) National Convention scheduled to begin in Abuja, tomorrow.
This is as the party’s Board of Trustees (BoT) has insisted that its national convention would hold according to plan.
The three-man panel of Justices of the Appellate Court led by Justice Haruna Tsammani reserved the judgement for ruling, today at 12noon after taking all arguments from the counsel representing the parties in the matter.
Justice Tsammani while adjourning the sitting, yesterday, expressed happiness with the level of maturity shown by all the parties, especially the counsel who represented their clients in the matter, and appealed to the media to report accurately what transpired in the court and avoid heating up the system.
The embattled former national chairman of the Peoples Democratic Party (PDP),Prince Uche Secondus in Appeal Court suit number CA/339/2021 versus Ibeawuchi Alex & 11 Others is seeking, among other things, the leave of the court through a motion to suspend the holding of the National Convention of PDP scheduled to hold on Saturday, October 30, 2021 at Abuja pending the determination of the matter before it.
Secondus through his counsel, Tayo Oyetibo, a senior Advocate of Nigeria (SAN), is asking the court to put the convention on hold and determine whether his removal as the national chairman of the party was valid, saying that the constitution of party empowered him to preside over the party’s convention.
He explained that his client had not asked the court to nullify the party’s national convention but that it was his constitutional right and not a privilege to preside over the convention, and urged the court to grant him the prayers sought in the application.
According to him, Article 35,Sub-Section 16 of the PDPConstitution used a mandatory word “Shall” preside over, adding that such word invested on Prince UcheSecondus the power to preside over the convention making it mandatory and not “privileged power.
“I draw the attention of my Lords to Paragraph 19 of my written address on point of law which captures the essence of my prayers. We urge you, my Lord to preserve the mace in this case, the jurisdiction of the court, and to give efficacious judgement in this appeal. The appellant has placed before you that he was unconstitutionally removed as the national chairman of the party and his image is permanently destroyed.
“I urge you to give him justice, his tenure as the national chairman of the party will come to an end by December 3, 2021”, he stated.
In their own presentations and arguments, the respondents’ counsel for Ibeawuchi and 11 others, Henry Bello (Esq), S.I.Ahmed,representing the Peoples Democratic Party (PDP) who are the 6th respondent; Godwin Obla, (SAN), 8th respondent; Donald Dee Wigwe (SAN) 9&10 respondent; and Sabastine Hon (SAN) for 11th respondent; vehemently opposed the application, and urged the court to dismiss it in its entirety as the application was lacking in merit.
They submitted that the application sought by the appellant applicant was alien, adding that the allusion infused in the motion was a radical departure from the appeal.
They, therefore, urged the court to dismiss the motion.
According to them, the applicant’s application was belaboured, in vain, and prayed the court to consider in balance the over 4,000 members of the party who have since travelled to Abuja for the convention.
They argued that the interest of an individual cannot override the interest of 4,000 persons, adding that all arrangements for the convention have been concluded.
The Tide reports that the appeal was in respect to the earlier judgement given by the Rivers State High Court which sacked Prince UcheSecondus as the national chairman of the party.
Around six Senior Advocates of Nigeria (SANs) are taking part in the legal war at the Appeal Court.
Meanwhile, the Peoples Democratic Party (PDP) has insisted that its planned national convention would hold.
PDP’s Chairman, Board of Trustees (BoT), Walid Jibril, said the convention would hold despite the suit challenging the event by the party’s suspended national chairman, Prince Uche Secondus.
It would be recalled that the Rivers State High Court had restrained Secondus from parading himself as the party’s chairman.
But, Secondus vowed never to withdraw the suit challenging his removal from office.
He had challenged PDP to stop all forms of preparation for the convention pending the hearing of his case in the Court of Appeal.
However, Jubril urged Secondus not to make the former ruling party ungovernable.
Featuring on Channels Television’s Sunrise Daily, the BoT chairman insisted that the party’s national convention would take place as scheduled.
According to Jibrin: “It will be very wrong for Secondus, being a founding member of the PDP, to make the party ungovernable.
“Could it be now that he goes against what the party is doing, what the party intends to do? I say it will be very wrong if Secondus is taking another fight completely, yielding the course to solve his own problem.
“Everything will come to an end. He had been in this party since the formation of the party. Is he going to die, what is going to happen to him? Let’s look at the party as supreme and go on with the decision of this party.
“I would like to say that the convention planned for the 30th of this month is on and we’re going to be there and carry out our duties and improve our party.
“We have processes and we have the national deputy chairman from the south, where he comes from and he is on course and he is now leading our party. His presence in the convention is not necessary at all.”

By: Akujobi Amadi