Monday 20 May 2013     10 Rajab 1434

Weekly Trust

Court cancels PDP Southwest congress

A Federal High Court in Lagos yesterday voided the Southwest Zonal Congress of the People’s Democratic Party (PDP) recently conducted in the region.

In his ruling, Justice Okon Abang set aside the said congress on the premise that the congress took place in violation of a subsisting order of court, directing parties to maintain status quo pending the determination of suit filed by the Dayo Soremi-led faction of the party in Ogun State.

He posited  that despite that the party’s former National Vice Chairman, Southwest, Alhaji Tajudeen OLadipo’s lawyer, Waheed Lawal undertook on to ensure that his client take no further steps in respect of the issues raised by the plaintiff, Oladipo proceeded to conduct the congress and put the plaintiffs in a position of disadvantageous position.

Justice Abang lampooned Oladipo and described him as a person in without respect for the due process of law and the rule of law.

The judge also held that Oladapo’s action was designed to skew the court in a state of helplessness.

He said, “Any responsible citizen of this country, no matter his position ought to respect the court’s order particularly when processes and such orders are served on them. They should allow the court to decide the case one way or the other.

“I will not allow anybody, no matter how highly placed, to act in a manner that challenges the majesty of the court and likely to bring the court to disrepute or odium. The conduct of the zonal congress by Alhaji Tajudeen, despite a subsisting court order is mischievous.”

He also has words for the action of PDP party leaders, saying they are “reckless, disgraceful and highhanded”.

“Disobedience to court orders is an endemic disease that has eaten deep into the fabric of this country. A court must enforce the law in a manner that will ensure the attainment of social reengineering,” the court held.

Justice Abang said but for the fact that the plaintiffs have not filed committal applications against the defendants, he would have showed them some lessons that court orders are meant to be obeyed.

Apart from voiding the congress, Justice Abang also set aside the list of delegates sent to the party’s headquarters by the Ogun chapter and the nullification of the nomination of Tunji Akinosi, Segun Sowunmi and Pegba Otemolu as delegates from Ogun chapter.

The court further issued an interim injunction restraining the PDP by its national chapters – National Working Committee, National Executive Committee, its Southwest Zonal organs and their officials from taking any disciplinary actions against them in respect of purported queries issued on Chief Soremi, the Chairman of the party’s harmonized Executive in the state and others, including Prince Buruji Kashamu, pending the conclusion of the substantive matter.

It also barred the party, its organs and officers from imposing penal actions against the plaintiffs and their supporters in respect of the congresses they conducted in the state pursuant to the judgment by Justice Charles Achibong on January 27 this year.

The judge further compelled the PDP by its organs and officers to “accept, recognize and utilize the results of the congresses conducted at ward, local government and state levels of the party under the leadership of the applicants.”

The court ordered the party to accord the officers elected from the said congress all necessary recognition and facilities recognized in the party’s constitution and disregarded the argument by defendants’ lawyer, Chief A O Ajana that the party’s former Zonal Legal Aviser, Waheed Lawal, who represented Oladipo in the case was not briefed. Justice Abang held that it was not the duty of the court to know whether or not a lawyer representing a party has such party’s mandate.

According to him, it was not the law that a lawyer must first file a memorandum of appearance before he is accorded audience in court as against the argument by Ajana.

The court’s action was on a request by members of the harmonized Executive of the PDP in Ogun State represented by Dayo Soremi, Engr Bayo Dayo and Hon Taiwo Abisekan. Named as defendants are PDP, former Acting National Chairman, Abubakar Kawu Baraje, Tajudeen Oladipo, Uche Secondus, Olusola Oke and Prof Rufai Alkali.

Soremi and others had sued  and challenged  the propriety  of a queries purportedly served  on Soremi and the Secretary to the Harmonised Committee, Pegba Otemolu by the Oladipo, on the grounds  of which they were threatened with disciplinary actions.

They further questioned the legitimacy of a published directive purportedly made by Alkali, restraining the party from conducting congresses in the state, allegedly canceling those earlier conducted.

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Court cancels PDP Southwest congress

A Federal High Court in Lagos yesterday voided the Southwest Zonal Congress of the People’s Democratic Party (PDP) recently conducted in the region.

In his ruling, Justice Okon Abang set aside the said congress on the premise that the congress took place in violation of a subsisting order of court, directing parties to maintain status quo pending the determination of suit filed by the Dayo Soremi-led faction of the party in Ogun State.

He posited  that despite that the party’s former National Vice Chairman, Southwest, Alhaji Tajudeen OLadipo’s lawyer, Waheed Lawal undertook on to ensure that his client take no further steps in respect of the issues raised by the plaintiff, Oladipo proceeded to conduct the congress and put the plaintiffs in a position of disadvantageous position.

Justice Abang lampooned Oladipo and described him as a person in without respect for the due process of law and the rule of law.

The judge also held that Oladapo’s action was designed to skew the court in a state of helplessness.

He said, “Any responsible citizen of this country, no matter his position ought to respect the court’s order particularly when processes and such orders are served on them. They should allow the court to decide the case one way or the other.

“I will not allow anybody, no matter how highly placed, to act in a manner that challenges the majesty of the court and likely to bring the court to disrepute or odium. The conduct of the zonal congress by Alhaji Tajudeen, despite a subsisting court order is mischievous.”

He also has words for the action of PDP party leaders, saying they are “reckless, disgraceful and highhanded”.

“Disobedience to court orders is an endemic disease that has eaten deep into the fabric of this country. A court must enforce the law in a manner that will ensure the attainment of social reengineering,” the court held.

Justice Abang said but for the fact that the plaintiffs have not filed committal applications against the defendants, he would have showed them some lessons that court orders are meant to be obeyed.

Apart from voiding the congress, Justice Abang also set aside the list of delegates sent to the party’s headquarters by the Ogun chapter and the nullification of the nomination of Tunji Akinosi, Segun Sowunmi and Pegba Otemolu as delegates from Ogun chapter.

The court further issued an interim injunction restraining the PDP by its national chapters – National Working Committee, National Executive Committee, its Southwest Zonal organs and their officials from taking any disciplinary actions against them in respect of purported queries issued on Chief Soremi, the Chairman of the party’s harmonized Executive in the state and others, including Prince Buruji Kashamu, pending the conclusion of the substantive matter.

It also barred the party, its organs and officers from imposing penal actions against the plaintiffs and their supporters in respect of the congresses they conducted in the state pursuant to the judgment by Justice Charles Achibong on January 27 this year.

The judge further compelled the PDP by its organs and officers to “accept, recognize and utilize the results of the congresses conducted at ward, local government and state levels of the party under the leadership of the applicants.”

The court ordered the party to accord the officers elected from the said congress all necessary recognition and facilities recognized in the party’s constitution and disregarded the argument by defendants’ lawyer, Chief A O Ajana that the party’s former Zonal Legal Aviser, Waheed Lawal, who represented Oladipo in the case was not briefed. Justice Abang held that it was not the duty of the court to know whether or not a lawyer representing a party has such party’s mandate.

According to him, it was not the law that a lawyer must first file a memorandum of appearance before he is accorded audience in court as against the argument by Ajana.

The court’s action was on a request by members of the harmonized Executive of the PDP in Ogun State represented by Dayo Soremi, Engr Bayo Dayo and Hon Taiwo Abisekan. Named as defendants are PDP, former Acting National Chairman, Abubakar Kawu Baraje, Tajudeen Oladipo, Uche Secondus, Olusola Oke and Prof Rufai Alkali.

Soremi and others had sued  and challenged  the propriety  of a queries purportedly served  on Soremi and the Secretary to the Harmonised Committee, Pegba Otemolu by the Oladipo, on the grounds  of which they were threatened with disciplinary actions.

They further questioned the legitimacy of a published directive purportedly made by Alkali, restraining the party from conducting congresses in the state, allegedly canceling those earlier conducted.

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