The suspended National Chairman of the Peoples Democratic Party (PDP), Uche Secondus has warned the party that it would be embarking on a collision course with the court if it goes ahead to hold its forthcoming National Convention.
Secondus, in a letter by his lawyer Tayo Oyetibo, threatened to “swiftly take steps to invoke the jurisdiction of the court to nullify any decision, action or step taken at such convention.”
The letter, which was dated October 21 and addressed to the PDP acting National Chairman; Chairman, PDP National Convention Committee, among others, noted that the suspended National Chairman has filed an appeal against the judgment at the Court of Appeal, Port Harcourt judicial division where he is seeking an order of injunction restraining the PDP, which is the 6th defendant, “whether by itself, its officers, servants, agents and or representatives, from holding or conducting its national convention scheduled for October 30 and 31 or any other date, pending the hearing and final determination of this appeal.”
According to Secondus, part of his prayer in the appeal is for the parties to the appeal, particularly the appellant/applicant and the respondent (PDP) “to maintain the status quo ante as at 22 August 2021, when appellant/applicant was occupying the office of National Chairman of Peoples Democratic Party, pending the hearing and final determination of this appeal.”
He recalled that the application has since been served on the PDP and other respondents in the appeal.
He added: “Notwithstanding the service of the application for injunction, it has come to the notice of our client that the PDP and its officers continue to prepare to hold the National Convention on 30 and 31 October 2021
“This letter is intended to draw your attention to the position of the law of Nigeria on this subject as encapsulated in the judgement of the Supreme Court of Nigeria in the celebrated case of Governor of Lagos State vs. Chief Emeka Odumegwu Ojukwu (1986l) I NWLR (Part 18) 621 @ 637, in which the court, reviewed various decisions on the point, and approved…
“The rule is well settled that where a suit is brought to enjoin certain activities of which the defendant has notice, the hands of the defendant are effectually tied pending a hearing and determination even though no restraining order or preliminary injunction be issued.”
