COURT STOPS PDP FROM DISSOLVING RIVERS CHAPTER EXECUTIVE
A Federal High Court, Abuja, yesterday, restrained the national body of the Peoples Democratic Party (PDP) from dissolving the Rivers’ chapter of the state executive committee (SEC) over alleged anti-party activities.
Delivering judgment, Inyang Ekwo, said he found that the case of the plaintiff, Desmond Akawo, succeeded on merit.
Akawo, the Rivers’ PDP chairman, had sued the party and Iyorchia Ayu (the immediate-past national chairman representing himself and members of the national working committee (NWC) and national executive committee (NEC)) as 1st and 2nd defendants.
Akawo sought the court’s determination whether, having regard to the provisions of Section 223 of the 1999 Constitution and Article 47(1) of the constitution of the PDP (as amended in 2017), they were not entitled to serve their term.
He said he and other members of the SEC, the LGA executive committees and the ward executive committee were elected and sworn-in pursuant to the state’s congress held on March 21, 2020 and were entitled to complete their four-year term which expires on or about May 22, 2024.
Akawo, in the affidavit which he personally deposed to, averred that the PDP and its national chairman on January 4, prior to the general election, threatened to unilaterally dissolve the Rivers’ chapter of SEC and replace the same with an interim caretaker committee.
He, however, said prior to the threat, neither any member of the state committee nor himself had ever been queried by them.
He, therefore, sought an order of injunction restraining the party and the national chairman from dissolving, suspending or truncating the tenure of the Rivers’ SEC, the LGA executive committees and the ward executive committees until May 22, 2024, when their four-year term would expire, among other reliefs.
Ekwo held that the PDP and its national chairman did not deny Akawo’s averments.
“Essentially, the 1st and 2nd defendants have admitted the case of the plaintiff on this issue.
“The law is that facts admitted need no further proof,” he said.
The judge, who granted all Akawo’s reliefs, declared that the party and its national chairman cannot unilaterally and without reasonable cause, dissolve the state’s executive that were democratically elected for a four-year period.
He also gave an order of injunction, restraining them from appointing any person or group of persons as interim caretaker committee in the state until May 22, 2024.
Ekwo further gave an injunction order restraining INEC from recognising or accepting any name as caretaker committee of the PDP in the state except those democratically elected and represented by Akawo in the suit.