PDP A Federal High Court in Abuja has restrained the Peoples Democratic Party (PDP) and its acting national chairman, Iliya Damagun from taking any steps that could adversely affect the outcome of the recently held south-south zonal meeting and congress of the party, which are now subject of a suit pending before it.
Justice James Omotosho issued the order on Monday while ruling on an ex-parte motion filed in a suit, marked: FHC/ABJ/CS/447/2025 brought by Alabh George Turnah (for himself as Zonal Secretary, South South zone of the PDP and members of the South South zonal working committee of the party).
Listed as defendants in the suit are Damagun, the PDP and the Independent National Electoral Commission (INEC).
Turnah alleged that the national PDP was planning to hold a meeting on March 11 to nullify the outcome of the South South zonal meeting of the PDP held in Benin, Edo State on February 15 and the zonal elective congress held in Calabar, Cross River State on February 22.
He stated that at the February 22 elective congress, Chief Dan Orbih was re-elected as the Vice Chairman of the PDP for South South Zone along with him and others as members of the Zonal Working Committee of the party for South South Zone.
The plaintiff is contending among others, that it is not the responsibility of the party’s national leadership to determine how zonal leadership of the party conduct congresses and hold meetings.
He stated that it was the national PDP that set the time table for zonal congresses, which formed the basis of the south south zonal congress held in Calabar on February 22.
In his ruling on Monday, after listening to plaintiff’s lawyer, Ibrahim Idris (SAN), Justice Omotosho refused to grant the motion ex-parte on the grounds that it was fair and just to afford the defendants the opportunity to be heard before the court could take a decision on the reliefs sought.
The judge was of the view that the matter, facts and allegations made by the plaintiff are so weighty that granting the interim injunctions sought in the ex-parte motion, without hearing the defendants/respondents, “will cause serious damage to the working of party.”
He held that “It is just and fair to give the defendants/respondents the opportunity to be heard in respect of this injunctive application.
“This is not to say that the plaintiff does not have a legal right to protect, but because it would be better to give the defendants/respondents the opportunity to present their cases,” he said.
Justice Omotosho ordered the plaintiffs to serve the defendants/respondents with the motion on notice for interlocutory injunctions and other documents so far filed through substituted means for them to react.
By the substituted service granted by the court, the plaintiff is required to serve all the court documents on Damagun and the PDP at the party’s headquarters in Abuja by pasting or handling to any adult in the building.
He added: “The defendants/respondents are ordered to note that it is trite law that once a party is served with a motion on notice or other processes in respect of a pending case, bound not to take any action to make the outcome of that suit nugatory.
“It is in this regard that the defendants/respondents are ordered not to take any steps that may render the outcome of the motion on notice dated 6th March 2025 but filed on 7th March 2025 nugatory.
“Where a matter is pending before a court, no party is permitted to take action that will render the suit or the outcome of the proceedings nugatory.
“The defendants/respondents must not overreach the plaintiff by taking steps to destroy the res or render the decision of this court in respect of the motion on notice dated 6th March 2025 but filed on 7th March 2025 nugatory and steps taken to render the judicial outcome of the motion on notice shall be a nullity,’ he said.
Justice Omotosho emphasised the need for the court to protect judicial proceedings and ordered that no party, the defendants inclusive, shall take any steps to overreach the motion on notice for interlocutory injunctions dated 6th March 2025 but filed on 7th March 2025.”
He then adjourned till March 18 for the defendants/respondents to respond to the motion for interlocutory injunctions and for possible hearing of the motion.
The reliefs being sought by the plaintiff in the motion on notice filed on 7th March 2025 are:
"An order of interlocutory restraining the 1st and 2nd defendants and their agents from calling or holding any meeting on the 11th March, 2025 or any other day with a view to setting aside the resolution of the meeting of the South South Zonal Committee of 2nd defendants (PDP) held in Benin, Edo State on 15th February 2025 and the zonal elective congressheld in Calabar, Cross River State on the 22nd of February, 2025 wherein Chief Dan Osi Orbih was re-elected as the Vice Chairman of 2nd defendant for South South Zone along with the plaintiff and others as members of the Zonal Working Committee of the 2nd defendant for South South Zone pending the hearing and determination of the substantive suit.
"An order of interlocutory injunction restraining the 3rd defendant, her agents and others from recognizing or giving vent to any meeting convened by the 1st and 2nd defendants or their agents on the 11th March, 2025 or any other day or any resolution passed therein with a view to setting aside the resolution of the South South Zonal Committee meeting of 2nd defendant held in Benin, Edo State on 15th February, 2025 and the zonal elective congress held in Calabar, Cross River State on the 22nd February, 2025 wherein Chief Dan Osi Orbih was re-elected as the Vice Chairman of 2nd defendant for South South Zone along with the plaintiff and others as members of the Zonal Working Committee of the 2nd defendant for South South Zone pending the hearing and determination of the substantive suit.
Category: Local-News
Tag: Court Stops PDP Damagum From Taking Action On South South Zonal Congress
Written by Omooba Alekuwodo (omoobaalekuwodo)
Published 3/11/2025 1:13:50 AM