By Sebastine Ebhuomhan
The suspension of the People’s Democratic Party (PDP) National Vice Chairman for South-South, Chief Dan Osi Orbih, by the National Working Committee (NWC) of the party is unlawful because it was made against a subsisting court order.
According to a Senior Advocate of Nigeria, Ogwu J. Onoja (SAN), the PDP NWC should immediately and unconditionally retract the press statement announcing the suspension and all other actions related to the suspension to avoid, yet, another litigation against the party. Dr. Onoja gave this ultimatum in a letter addressed to the Acting National Chairman of the PDP through the National Secretariat at Wadata Plaza, Wuse Zone 5, Abuja, dated 11th July, 2024; signed on his behalf by the Head of Dr. O. J. Onoja, SAN & Associates, George Ibrahim, Esq., exclusively made available to this reporter.
Mr. Ibrahim copied the letter to the PDP Deputy National Chairman, South, Amb. Taofeek Arapaja, whose office stamped and received the letter the same day, and the PDP National Publicity Secretary, Mr. Debo Ologunagba. Ibrahim thereafter attached the copy of an Order of the Federal High Court in the Abuja Judicial Division made by the Honourable Justice Peter Lifu (JP) in a case marked: Suit No. FHC/ABJ/CS/601/2024 between Chief Dan Osi Orbih, the Plaintiff/Applicant, and Paulinus Ibode, People’s Democratic Party, and the Independent National Electoral Commission, the Defendants in that order, extending an earlier order.
Ibrahim also attached a copy of the last hearing of the case held on 28th of May, 2024, in which all the defendants were absent from the court even though there were represented by their counsels. Their counsels prayed the court for an adjournment to either file their defence or their counter affidavit before filing a motion for extension of time, which was not opposed by the plaintiff’s lawyer.
Justice Lifu declared conclusively, thereafter, “In the circumstances of this court coupled with the provisions of Order 28, Rule 10 of the Rules of this Court and the Supreme Court decision in the case of Titilayo Plastic Ltd. vs Fagbola, the order made exparte on 10/5/24 is herein extended pending the hearing and determination of the Motion on Notice. By consent of counsel and at the instance of the 1st Defendant, the Motion on Notice is hereby adjourned to the 17th of July, 2024 for hearing.”
Before now, Obih obtained the restraining order against his ward executives, the only authority PDP constitution empowered to suspend or expel a member. A copy of the initial Order dated 10th May, 2024, signed by the Registrar, Mrs. Awase Igba, under the Seal and the Hand of Justice Lifu restrained Mr. Paulinus Ibode, the People’s Democratic Party, and the Independent National Electoral Commission (INEC) from suspending or expelling Orbih from the PDP.
It stated, “Upon reading the Affidavit in support of the application and Affidavit of Urgency both deposed to by Chief Dan Osi Orbih, Adult, Male, Christian, Politician of Ward 4, Etsako Central Local Government Area of Edo State, together with Exhibits attached thereto and filed at the Court Registry, it is hereby ordered as follows.”
“The 1st Defendant/Respondent is herein in the interim, restrained by himself, privies, agents, servants, or whosoever is acting on her behalf from suspending the Plaintiff/Applicant as Vice Chairman South South Zone and member of the 2nd Defendant pending the hearing and determination of the Motion on Notice already filed.”
“The 2nd and 3rd Defendants/Respondents are restrained from carrying out any purported suspension of the Plaintiff/Applicant by the 1st Defendant or any person whatsoever pending the hearing and determination of the Motion on Notice which is herein fixed against the 22nd of May, 2024.”
The PDP at both the national and state levels, especially in Edo State, already has a long list of litigation disenfranchised, disgruntled and disenchanted members of the party initiated against its leadership and candidate in Edo State before, during and after its controversial, rigged, and nullified primary election at the Samuel Ogbemudia Stadium, won by Dr. Akintunde Asuerinme Ighodalo, Governor Godwin Obaseki’s bosom friend and puppet. At the last count, the PDP has over eight cases in Edo, according to its National Legal Adviser, Mr. Kamaldeen Ajibade.
Confirming in a statement, Mr. Ajibade said, “In Edo State, we have a lot of challenges. We have eight cases that we are battling with. Out of the eight cases, we have done with seven. The one of the day before yesterday (the 381 excluded delegates’ suit on appeal) was the seventh. We still have one pending before the court and by God’s grace, it will go the same way the other cases have gone.”
From the above, it is clear that the influenced haphazard suspension of Orbih by the PDP NWC after a similar failed effort by the State Working Committee (SWC) is totally unlawful, ultra vires. It reinforces the old saying of the Nigerian people that a dog bound to get lost does not listen to owner’s whistle.
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