An Ikeja High Court, Lagos, on Monday declined an application to order the re-opening of the secretariat of the splinter faction of the People’s Democratic Party (PDP) closed by the police on Saturday.
Justice
Safari, however, directed the claimants to file another application,
indicating the Inspector-General of Police (IGP) as a defendant.
The court also assigned September 17 as a date for the hearing of the defendants’ application in which they questioned the jurisdiction of the court to consider the suit.
Earlier, in a motion on notice brought in accordance with Order 39 of the Lagos High Court, the new PDP faction asked the court to restrain the Bamanga Tukur-led faction from parading themselves as members of the National Executive of the PDP. The splinter group also urged the court to order unsealing of the their secretariat in Abuja.
The faction’s counsel, Robert Emukpoeruo, in his oral application claimed that despite the court’s ruling that parties maintain the status quo on the suit demanding to prevent the Tukur-led faction from functioning as PDP officials, the office was sealed off by the police at the orders of the defendants. Referring to the 1986 case of the Supreme Court’s decision in Lagos State, Emukpoeruo urged the court to order that the police remove the Armoured Personnel Carrier (APC) stationed at the faction's office because the apex court has ruled that if a matter is in court, parties should not do anything to forestall the court.
The defense counsel, Ajibola Oluyede, however, dismissed the claimants’ request as what could not be relied upon by the court. He said that the claimants did not submit any affidavit or documentary evidence, and added that the claimants admitted that their office was sealed off by the police and therefore the assumption that it was made at the defendants' order was invalid. Oluyede urged the court to disregard the submission of the claimants as it was only the police that could tell the court what prompted them to seal off the office.
Besides, he stated that the formation of a new faction was a "coup d’etat" and therefore “They are the ones to be sued for committal for contempt and we intend to do that in due course by making formal application before the court.”
It will be reminded, that the new faction chaired by Alhaji Kawu Baraje announced that it has taken over the party on Saturday, August 31. The police have sealed off the secretariat of the split faction on Saturday, September 7.
The court also assigned September 17 as a date for the hearing of the defendants’ application in which they questioned the jurisdiction of the court to consider the suit.
Earlier, in a motion on notice brought in accordance with Order 39 of the Lagos High Court, the new PDP faction asked the court to restrain the Bamanga Tukur-led faction from parading themselves as members of the National Executive of the PDP. The splinter group also urged the court to order unsealing of the their secretariat in Abuja.
The faction’s counsel, Robert Emukpoeruo, in his oral application claimed that despite the court’s ruling that parties maintain the status quo on the suit demanding to prevent the Tukur-led faction from functioning as PDP officials, the office was sealed off by the police at the orders of the defendants. Referring to the 1986 case of the Supreme Court’s decision in Lagos State, Emukpoeruo urged the court to order that the police remove the Armoured Personnel Carrier (APC) stationed at the faction's office because the apex court has ruled that if a matter is in court, parties should not do anything to forestall the court.
The defense counsel, Ajibola Oluyede, however, dismissed the claimants’ request as what could not be relied upon by the court. He said that the claimants did not submit any affidavit or documentary evidence, and added that the claimants admitted that their office was sealed off by the police and therefore the assumption that it was made at the defendants' order was invalid. Oluyede urged the court to disregard the submission of the claimants as it was only the police that could tell the court what prompted them to seal off the office.
Besides, he stated that the formation of a new faction was a "coup d’etat" and therefore “They are the ones to be sued for committal for contempt and we intend to do that in due course by making formal application before the court.”
It will be reminded, that the new faction chaired by Alhaji Kawu Baraje announced that it has taken over the party on Saturday, August 31. The police have sealed off the secretariat of the split faction on Saturday, September 7.
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