Enugu High Court restrains Nwodo
AN Enugu High Court presided over by Justice R.N. Onuorah yesterday gave an interim order restraining the National Chairman of the Peoples Democratic Party (PDP) Dr. Okwesilieze Nwodo, from functioning in that capacity pending the determination of the motion on notice.
Nwodo was also restrained from exercising the rights, powers, functions as well as privileges attached to the office of the chairman of the PDP forthwith and the case was adjourned to January 31, 2011 for further hearing.
The development came amid security woven around Abuja as the party’s presidential primary election holds today in the federal capital. President Goodluck Jonathan, former vice president Atiku Abubakar and Mrs Sarah Jibril are fighting for the party’s presidential ticket.
Nwodo was also restrained from exercising the rights, powers, functions as well as privileges attached to the office of the chairman of the PDP forthwith and the case was adjourned to January 31, 2011 for further hearing.
The development came amid security woven around Abuja as the party’s presidential primary election holds today in the federal capital. President Goodluck Jonathan, former vice president Atiku Abubakar and Mrs Sarah Jibril are fighting for the party’s presidential ticket.
However, the PDP’s National Legal Adviser, Olusola Oke told The Guardian that the party had ‘“not received any court order and if there is any order on the chairman, it would not affect the convention”.
The judge said: “After hearing the submissions of Mrs. A.J. Offia (SAN) counsel for the plaintiff and Prof. Ilochi Okafor (SAN) counsel for the defendant, it is hereby ordered that an interim order is hereby therefore made restraining the defendant from exercising the rights, powers and or functions or enjoying the privileges attached to the office of the chairman of the Peoples Democratic Party pending the determination of the motion on notice for interlocutory injunction”.
The court order was one that was received with jubilation yesterday in Enugu especially in the camp of the state governor, Sullivan Chime and the other faction of the party, which described it as a “development that could end the lingering crisis rocking the state chapter of the party”.
While the Chime group which held its governorship primaries at Okpara Square, where it returned the governor overwhelmingly resorted to victory dance, the Nwodo group said that it was anticipated as according to them, “the Chairman has not been stable in handling of the crisis in the party”.
The order is sequel to a suit filed on December last year and supported by a written address and an affidavit of eight paragraphs by one Collins Amalu, a native of Okwe Amankwo, Ngwo, in Udi Local Government Area of Enugu State.
In his motion on notice dated December 6, 2010 and filed by his counsel Alh. Abdulaziz C. Ogbui, the plaintiff sought “An order of interlocutory injunction restraining the defendant/respondent (Dr. Okwesilieze Nwodo) from holding himself out, and or allowing himself to be held out, as a member of the Peoples Democratic Party (“Party”) and or an officer the party, to wit — the national chairman of the party, and or exercising the rights, powers and or functions of a member and an officer of the party and or enjoying any privilege as a member and or officer of the party.
Supporting his claim in an affidavit sworn to at the High Court registry in Enugu on December 6, 2010, the applicant, Mr. Amalu declared “That I am a bona fide card-carrying member of the Peoples Democratic Party (“PDP” or “Party”) from Ngwo Ward Udi Local Government Area of Enugu State.
“That on 25 November 2010, I came upon the publication of the interview of Dr. Okwesilieze Nwodo in Saturday Sun Newspaper of November 13, 2010, vol. 7 No.411, wherein Dr. Nwodo stated that he had not been registered as a member of the PDP in his local ward, and that he does not have the party’s membership card.
“That the PDP has a Constitution dated 22nd April, 2009 (As amended in 2009 (last amendment) which governs its affairs, including the procedure for, and conditions precedent to, becoming a member of the party.
“That under Article 8, particularly at article 8.2 to 8.10, of the PDP Constitution, a person would have to be registered as a member of the party at his Local Ward and issued with the party membership card before he could become a member of the party. Such a member is also required to pay his membership fee.
“That a previous member of the party who defected to another political party would need to undergo a fresh registration and be issued with fresh or new membership card to regain membership of the PDP.
“That the defendant who defected to another political party, ie, Action Congress of Nigeria (ACN) has not complied with this requirement of the PDP.
“That the defendant, is not a registered member of the party in his local ward and accordingly does not have the party’s membership card duly issued to him. The defendant is accordingly not a member of the PDP.
The affidavit added: “That the defendant, though not a member of the PDP, is holding himself out as the national chairman of the party”.
The deponent said among others: “That the defendant by a letter dated 15th of April 2009 and addressed to the Enugu State chairman of the PDP, falsely claimed that he had duly rejoined the party as a member; but the defendant had not at that time or even now complied with the provisions of the PDP constitution that requires him to register in the register of the members of the party in his local Ukehe Ward and issued with a new membership card as part of the party’s requirement for joining the party.
“That it is illegal and a breach of the constitution of the PDP for the defendant to ride a roughshod on us the faithful members of the party and hijacked the office of the National Chairman of the party — a position that is meant for only the legitimate members of the party, including me”.
The perimeter areas of the Three Arms Zone including the access areas of the Federal Secretariat, Eagle Square and The National Arcade have been under a security cordon ahead of the PDP’s national convention and the Armed Forces Remembrance Day (AFRD).
The area covers about two kilometres radius of the Eagle Square.
The laying of wreath for the Armed Forces Remembrance Day takes place on Saturday at the National Arcade opposite the Eagle Square.
By yesterday evening, the roads leading to the areas had been blocked. All those who have businesses around the area now have to be directed. A security source said: “Yes, movement of vehicles
have been curtailed in the areas housing these venues. They are now security priority areas. The general public is advised not to panic. They should go about their normal businesses as security checks involving the military and para-military forces will be intensified especially around the Shehu Shagari Way, Central Business Area, Abuja.”
“These measures are put in place for the safety and security of all within the FCT.”
Those from the Transcorp Hilton Hotel are now expected to drive through the Bayelsa (Izom) House and towards the National Mosque. Those who are heading to the Villa or Nyanya are expected to go through the Ministry of Finance Headquarters.
Already, there were movement of military and para-military vehicles and equipment, special forces, helicopters, surveillance aircraft and mobile and static patrols.
And, ahead of the presidential primaries of the PDP, the The Inspector-General of Police, Hafiz Ringim has rolled out security measures to be observed by all delegates to the convention holding in Abuja today.
The measures according the IGP, include ban on carrying of arms, ammunition or hand grenade or any weapon inside the Eagle Square by security aides of VIPs, adding that a task force had been set up to ensure that no security personnel or orderly with arms or tear gas canister were permitted in.
He said vehicular movement would be barred about two kilometers away from the venue just as he craved understanding from motorists in view of the inconveniences the police measure would bring to bear on them.
This, according to the Police boss, is to avoid any untoward incident including accidental discharge or harassment or threat of any kind from security men.
Speaking at a press conference in Abuja yesterday, Ringim explained that all delegates would be screened at the various states liaison offices before being conveyed to the square where they would be seated according to their states.
Also to forestall any security lapses during the campaigns and conventions of all the various political parties in the nation’s capital, the Federal Capital Territory (FCT) Minister, Senator Bala Abdulkadir Mohammed has donated 15 brand new NISSAN Pick-Up security vehicles to the FCT Command of the Police.
According to Mohammed, security anywhere in the world is like a wheel which must be lubricated to ensure optimal performance.
The Minister said although over 270 vehicles had been presented to the FCT Police authorities by successive administrations in the territory in the last fours years, most of them are already old.
Presenting the vehicles to the FCT Commissioner of police, Haruna John in Abuja yesterday, the Minister said the gesture was to add fillip to the already tight security arrangement by the FCT administration to avert any untoward development in the territory especially in view of the insecurity incidence in some parts of the country.
Receiving the vehicles, the FCT Police Commissioner, Johnassured of 24-hour police surveillance and security during the various campaigns in the territory.
“Apart from the police, the FCT Command is enjoying the cooperation of other security agencies including the Military, SSS, NIA and other safety and security organisations in the FCT,” John said
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