He also prohibited the Independent National Electoral Commission (INEC) from supervising, monitoring or aiding the convention until Mr Lamido is allowed to participate.
The judge held that the PDP is under a strict obligation to adhere to its own rules and regulations by giving eligible members the opportunity to pursue their individual aspirations. He said it was wrong of the party to deny Mr Lamido the opportunity to purchase the nomination form for the national chairmanship.
He stated that the PDP was in clear breach of its constitution and guidelines by denying some members access to nomination forms for elective offices at the convention.
In an instant counter move, an Ibadan Federal High Court, ruled that the convention should continue as planned, asking the INEC provide monitoring and other facilities required for the smooth conduct of the convention.
It would be recalled that another judge of the same Federal High Court, Abuja, James Omotosho, had on 31 October restrained INEC from recognising the outcome of the forthcoming PDP convention. He issued the order while delivering judgement in a different suit challenging the legality of the convention.
The suit was filed by three aggrieved members of the party: Austin Nwachukwu (Imo PDP chairman), Amah Nnanna (Abia PDP chairman) and Turnah George (PDP secretary, South-South).
Mr Omotosho said the PDP failed to comply with relevant conditions and laws for holding the convention. He noted that evidence from the electoral umpire and some respondents showed that congresses were not held in some states, in breach of the law.
He also held that notices and correspondences signed by the PDP national chairman without the national secretary violated the law and were therefore null and void.
In addition, the court found that the PDP failed to issue the mandatory 21 days’ notice of meetings and congresses to enable INEC to monitor them. The judge said the party’s failure to comply with the law jeopardised the convention and advised it to take the necessary steps before proceeding with elections.
Mr Lifu had also on 11 November issued an interim injunction restraining the PDP from holding the convention and barring INEC from supervising, monitoring or recognising the outcome of the election of national officers.
He based the restriction on the PDP’s refusal and failure to comply with relevant conditions and laws for conducting conventions. He said evidence from Mr Lamido showed that the timetable for the convention was not published for members as required by law.
The judge said the balance of convenience favoured Mr Lamido because he would suffer more if unlawfully excluded from the convention. He noted that Mr Lamido undertook to pay damages to the PDP if his suit was found frivolous, to ensure remedy.
The judge added that due process must be strictly followed, warning that failure to do so would endanger democracy. He cited section 6 of the 1999 Constitution, saying courts must dispense justice without fear or favour. He warned that anarchy would prevail whenever courts abdicate their constitutionally assigned functions.
But the decisions of the Federal High Court in Abuja rub against another order of the Oyo State High Court in Ibadan, asking the PDP to proceed with the convention as planned.
The judge, A. L. Akintola, issued the interim order on 3 November following an ex-parte application filed by Folahan Adelabi.
The judge held that the claimant successfully demonstrated the need for urgent judicial intervention in the PDP matter.
“The court finds merit in the claimant’s motion ex-parte. The same succeeds and is hereby ordered as prayed,” the judge ruled.
Mr Adelabi filed the application, joining as respondents the PDP, its Acting National Chairman, Umar Damagum; Governor Umaru Fintiri (representing the National Convention Organising Committee); and INEC.
The claimant had urged the court to restrain the defendants from truncating, frustrating, or disrupting the timetable, guidelines, and schedule of activities leading to the convention.
Granting the prayer, the court issued a raft of interim orders restraining any interference with the PDP’s timetable and schedule of activities and compelling the defendants to hold the national convention as fixed.
Presently, arrangements have been concluded for the convention to hold just as all loyalists of the Makinde and Demagum have arrived Ibadan. Though loyalists of the Wike and Anyanwu faction including Governor Sim Fubara of Rivers State, have boycotted the convention.
While the convention goes on amid discordant tones, the ball rests on the court of the INEC to recognize the outcome or not. But whichever way one looks at it, this may trigger the beginning of a longer legal tussle.
