Rt. Hon. Chima Obieze, a chieftain of the Peoples Democratic Party (PDP) and three-term member of the Enugu State House of Assembly, has urged the leadership of the PDP to shun impunity and show respect for the Rule of Law.
He said, “The PDP must refuse to tolerate and accept actions that ultimately result in unending litigation and incessant abuse of court processes. The party must as a matter of urgency, comply with the Order of Enugu State High Court in Suit E/882/2023 directing the recognition of Hon. S. K. E Udeh Okoye as the National Secretary of the People’s Democratic Party.
“The party must also disregard persons and officers involved in procuring the conflicting Court Orders from Federal High Court Per Hon. Justice Inyang Ekwo, while the Judgement Order of the Enugu State High Court remains valid, subsisting and undischarged by any known legal process.
“My attention, with that of other PDP patriots and every lover of democracy in Nigeria has been drawn to the recent happenings in the party. Especially the procurement of a conflicting order from the Federal High Court sitting in Abuja over a matter which has been succinctly dealt with and judgment given with finality by the High Court of Enugu State.”
The High Court of Enugu State sitting in its capacity as a superior court of record December 28, 2023 delivered judgement in the matter in Suit E/882/2023 involving Aniagu Emmanuel v. Peoples Democratic Party (PDP) & 3 Ors, wherein an Order was made directing the defendants to immediately recognize Hon. S.K.E. Udeh Okoye as the National Secretary of the PDP.
“The Order of the High Court of Enugu State is subsisting and unchallenged nor set aside by the Court of Appeal and should be complied with. Rather than obey this Order of court of competent jurisdiction, a conflicting court order favoring Sen. Anyanwu was subsequently sought and obtained by Geoffrey Ihentuga & Anor in clear violation of the rule of law and complete disregard and abuse of every known court process. Bringing to fore the same issue of abuse and use of judicial mechanism to obtain frivolous and conflicting orders which bring the judiciary to disrepute and embarrassment.
“I am therefore calling on the leadership of the party at all levels, to immediately obey the Order of the Enugu State High Court of the 28th December, 2023 and recognize Hon. S.K.E Udeh Okoye as the National Secretary of the party.
“To even think of doing otherwise will bereft the law of all its utility and throw our party into a state of uncertainty by reason of conflicting decisions. It is indeed my position that if a conflict is found between judgements of courts of coordinate or concurrent jurisdiction, the way to resolve it is to ask the question ‘which judgement came first?’
“Our political system and party are not witnessing these kinds of abuse of the judicial process for the first time. In 2018, the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, lamented the trend of abuse of court processes and procurement of frivolous conflicting orders and pleaded for the intervention of the then Chief Justice of Nigeria, Walter Onnoghen.”
It added, “The party ought to comply with the Judgement of the Enugu State High Court mandating the recognition of Hon. S.K.E Udeh Okoye as the acting National Secretary of the Party because that is indeed where the justice of the case lies and being the first, valid and final court hearing on the matter.
“Those who were involved in the procurement of the conflicting Order from the Federal High Court sitting at Abuja should be immediately made to answer to the National Judicial Council for disciplinary actions for abusing the instrumentality of our most hallowed judicial process.’
Sahara Reporters