For the second time, a Federal High Court in Abuja, has restrained the People’s Democratic Party, PDP, from holding its 2025 National Convention scheduled for Ibadan, Oyo State between November 15 and 16.
The court also barred the Independent National Electoral
Commission, INEC, from supervising, monitoring or recognizing the outcome of
the National Convention where national officers are expected to be elected.
Justice Peter Odo Lifu on Tuesday issued the fresh order
while delivering ruling in an application brought by a former governor of
Jigawa state, Sule Lamido.
Lamido, a foundation member of PDP had dragged the party
before the court complaining that he was denied opportunity to buy Chairmanship
nomination form to enable him participate in the convention.
The judge predicated the restriction order against PDP on
the grounds that the party refused, neglected and failed to comply with
relevant conditions and laws for the conduct of such conventions.
The judge held that evidence from Lamido showed that the
timetable for the convention was not published for the attention of its members
as required by law.
Justice lifu also held that the balance of convenience
tilted towards Lamido because he would suffer more if allowed to be unlawfully
excluded from the planned convention.
To make remedy, the Judge said that the former governor had
undertaken to pay damages to PDP in the event that his suit was found to be
frivolous.
According to the Judge, in a Constitutional, due process of
law must be strictly followed by those in charge, adding that to do otherwise,
will endanger democracy itself.
He also said that in line with section 6 of the 1999
Constitution, a court of law must not abdicate its role of dispensing justice
without fear or favour.
Justice Lifu held that anarchy would be the order of the day
any time, any day and anywhere the court abdicates its constitutionally
assigned functions.
In his final pronouncement, the Judge restrained PDP from
proceeding with the convention billed for November 15 and 16 or any other date
in Ibadan or any other place.
He also stopped INEC from supervising, monitoring or
recognizing the outcome of any convention that be organized by PDP.
It will be recalled that another Judge of the same court,
James Omotosho had on October 31 issued similar orders stopping INEC from
supervising or recognizing outcome of the convention if conducted.
His ground was predicated on the facts that due process was
not followed in the way the convention was being planned.
Besides, Omotosho held that the PDP failed to issue the
mandatory 21 days notice of meetings and congresses to enable INEC carry out
its mandatory duty of monitoring such meetings and congresses.
Justice Omotosho held that the failure of the PDP to comply
with the law has put the planned convention in jeopardy, and subsequently
advised the PDP to do the necessary before going ahead with the election.
He, therefore, restrained INEC from receiving, publishing or
recognizing the outcome of the convention slated for Ibadan, until the law has
been complied with.
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