State High Court sitting in Ikeja, seeking for an order committing leaders of
the party's faction to prison for allegedly violating
an order made by Justice Ganiyu Safari.
This new application is different from the one that was filed before a Federal
High Court sitting in Abuja earlier.
The first suit in Abuja asked the court to jail the alleged contemnors for
"appointing" Olagunsoye Oyinlola as "National Secretary" after the court had
nullified his nomination by the PDP Southwest Zonal chapter.
The application on Tuesday was filed on behalf of the PDP Chairman Alhaji
Bamanga Tukur; the Deputy National Chairman, Uche Secondus; National
Women Leader, Dr. Kema Chikwe and National Publicity Secretary, Olisah
Metuh by their counsel, Mr Ajibola Oluyede.
Those they seek to jail are Alhaji Kawu Baraje, Dr. Sam Sam Jaja, Prince
Olagunsoye Oyinlola, Maode Hiliya, Timi Frank, Mrs. Binta Koje, Mallam Nasir
Issa, Chief Chukwuemeka Eze, Aliyu Wadada and Mallam Tanko Gomna.
The party is urging the court to jail Baraje, Jaja and Oyinlola for a
term of one
year or as the court may otherwise determine for alleged criminal contempt
which they committed "in their conspiracy and actions to flout the purpose
and authority of the court."
PDP alleged that they obstructed the administration of justice through
subverting the court's processes and engaged in overt acts of defiance and
violation of an order made on September 2, 2013 by the court.
Justice Safari had ordered in a ruling that "parties maintain the status quo
ante pending the hearing and determination of the Motion on Notice for
interlocutory injunction."
The judge also was reaffirmed the order on Monday while ruling on an
application of the new PDP.
PDP claimed that despite the said order, the alleged contemnors opened a new
office/secretariat on September 4, 2013 and appointed themselves and the
others into various offices constituting the PDP National Working Committee
(NWC).
The applicants alleged further that the "contemnors" did so "for the purpose
of rendering the said orders of this Honourable Court nugatory and of no
effect."
Also, the claimants sought an order committing the fourth to 10th alleged
contemnors to prison for a term of one year for alleged criminal contempt.
It said they should be jailed for "aiding and abetting the defiance
and violation
of the order of this honourable court through their appointment into various
offices constituting the National Working Committee (NWC) of the Peoples
Democratic Party (PDP) for the purpose of rendering the said orders of this
Honourable Court nugatory and of no effect."
The grounds stated by the PDP for the application is that, "The plaintiffs
(Baraje and others) instituted this action via a writ of summons dated 2nd
September 2013 and also filed a motion ex parte for interim injunction.
"On the 2nd of September 2013, this honourable court refused the prayer for
interim injunction but rather made an order directing that 'parties maintain
the status quo ante pending the hearing and determination of the motion on
notice for interlocutory injunction.'
"The above order of this honourable court that parties maintain status quo
was reaffirmed by this honourable court in the proceedings of 9th of
September 2013.
"Despite the said order of this Honourable Court directing parties to maintain
status quo ante, the 1st to 3rd alleged contemnors rather than wait for the
outcome of the judicial process to which they had submitted themselves and
accord the requisite respect to the judiciary and due process of law, continued
to parade themselves and to act as the Chairman, deputy national chairman
and secretary of the party respectively.
"On the 9th of September 2013, the 3rd alleged contemnor announced in a
statement in Abuja the appointment of the alleged contemnors into various
offices in the National Working Committee (NWC).
"This honorable court has the power and the responsibility, as well as other
courts in the land, to shed the cloak of indignity, which the contemnors have
attempted to foist upon the judiciary generally and this Honourable court in
particular, to rescue the authority and majesty of the courts of the land from
the denigration and insult which the Respondents and the Alleged Contemnors
have conspired to assault the temple of justice with by ensuring that the
Alleged Contemnors purge themselves of their contempt."
The matter set for hearing.
No comments:
Post a Comment