The Federal High Court in Port Harcourt has declared that the National
Caretaker Committee of the Peoples Democratic Party, PDP, is the executive
authority in all matters concerning the party.
Delivering a judgment on Suit Number FHC/PH /CS /585/2016, between
Senator Ben Obi for himself and other members of the National Planning
Committee of the Peoples Democratic Party, PDP, and the Inspector-General
of Police, the Commissioner of Police, Rivers State, State Security
Service, and the Independent National Electoral Commission, INEC, Justice
Ibrahim Watila ordered the Police, DSS and INEC to participate in
the 17th August, 2016 National Convention.
He declared that : “It is necessary for the defendants to carry out their
respective functions at the 17th August, 2016”.
The court declared that its judgment of 4th July, 2016 remains valid
until set aside by a competent jurisdiction, which in this case is the
Court of Appeal.
The court stressed that all the defendants are clearly and without dispute
bound to obey the judgment.
“This court will not shy away from protecting the sanctity of its
judgment. The court has held that the appointment of the PDP National
Caretaker Committee is valid ” , he said.
Justice Watila stated that the defendants are bound by the judgment
because they have made no attempt to set aside the judgment or filed
any process in that direction.
He stated: “In view of the subsisting judgment of this Honourable Court
in Suit No:FHC/PH /CS /524/2016, PDP V. Senator Ali-Modu Sheriff and
others, the defendants cannot lawfully interfere or prevent the
Plaintiff from organising /holding the Planned National Convention of the
PDP to hold in Port Harcourt on August 17th 2016.”
In granting the originating summons, Justice Watila declared that the
defendants were duly served all the processes of the suit filed by the
Secretary of the National Caretaker Committee, but chose not to contest
the facts.
Justice Watila stated that court records indicate that the proceedings
and order of 10th August, 2016 and the interlocutory injunction of 15th
August, 2016 were served on the defendants with proof of service .
Addressing journalists after the judgment, Counsel to Senator Ben Obi,
Barrister Dejo Lamikanra (SAN ) said the ruling gives effect to the
Judgment of 4th July, 2016 of the Federal High Court.
Lamikanra (SAN ) said : “there is only one judgment with regards to the
validity of the convention which held on the 21st of May in Port
Harcourt and that Judgment is the judgment of the Federal High Court in
Port Harcourt given on the 4th of July. That judgment is final and it
has completely determined questions on the validity of the convention
and the validity of the decisions of that convention.
“A ruling or an opinion of a court of coordinate jurisdiction which
suggests anything else must be discontinuanced. It is only the Court of
Appeal that can set aside the judgment of the Federal High Court. “