A Kebbi state high court has vacated the order it made
returning Uche Secondus as national chairman of the Peoples Democratic Party
(PDP).
On August 23, a high court in Rivers state granted an
interim order restraining Secondus from parading himself as the national
chairman of the party.
But on August 26, Nusirat Umar, judge of a high court in
Kebbi state, ordered that the execution of the previous order barring Secondus
from parading himself as national chairman be suspended, pending when the suit
is heard and concluded.
Umar had given the order while delivering ruling in a motion
ex parte brought in a suit marked KB/AC/M.170/2021.
However, delivering ruling on Thursday in another suit
marked KB/HC/M.191/2021, filed by one Ibeawuchi Ernest Alex and four other
persons, Umar made a U-turn from her previous pronouncement.
She rebuked counsel to the claimants/applicants, whom she
said concealed important facts from the court when the ex parte motion was
heard.
Umar added that the court lacked the jurisdiction to hear
and determine the previous matter.
“I equally agree that Kebbi state high court has no
jurisdiction to hear and determine a matter that has been filed and determined
in any high court in Nigeria, reason being it is a court of co-ordinate
jurisdiction,” she said.
“Furthermore, I also agree that the claimants’/respondents’
counsel failed to disclose to the court the true subject matter of this matter,
namely the suspension of the first defendant, prince Uche Secondus, from the
membership of the second defendant (Peoples Democratic Party) by ward 5, Ikuru
town, Andoni local government area of
Rivers state
“There is no doubt that the court was misled by the failure
of the claimants’/respondents’ counsel to disclose the true facts to the court
which necessitated the court granting the ex parte order on 26/8/2021.
“This situation created by the claimants’/respondents’
counsel caused unnecessary embarrassment to the Nigerian judiciary. It is
important to state that jurisdiction is very fundamental to the matter
adjudication. Whatever proceedings conducted by the court is null and void no
matter how well the proceeding has been conducted.
“I cannot end this ruling without commenting on the attitude
of the claimants’/respondents’ counsel, a senior lawyer, who has been
practising for many years and who is supposed to be a minister in the temple of
justice engaging in misleading the court and being economical with the true
fact of the case. These acts are condemnable.
“Flowing from the above, I entirely agree with the
submissions of the applicant’s counsel that the ex parte order which was
granted by this court on 26/8/2021 ought to be set aside, even by the Kebbi
State High Court Civil Procedure Rules 2017, particularly under Order 39 Rules
3 (3) which provides ‘an order of injunction made upon an application ex parte
shall abate after seven days’.
“Generally, the court lacks jurisdiction to hear and
determine the following: Motion no KB/HC/M.170/2021, substantive suit no
KB/HC/22/2021. I hereby set aside the order ex parte application granted on the
26/08/2021 in motion no KB/HC/M.170/2021.
“I equally strike out motion on notice no KB/HC/M.170/2021
and the substantive suit no KB/HC/22/2021 for lack of jurisdiction.”
The court’s new decision may not be unconnected to the stern
warning issued to judges by Ibrahim Muhammad, chief justice of Nigeria (CJN),
over granting of conflicting ex parte orders.
The CJN had summoned seven chief judges, including the Kebbi
CJ.
After a meeting with the judges on Monday, the CJN asked
three judges to appear before the National Judicial Council (NJC) to show cause
why disciplinary action should not be taken against them for granting the
conflicting ex parte orders.
The names of the judges were not mentioned.
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