By Henry Umoru
ABUJA—AS the battle for who becomes the next National Chairman of the Peoples Democratic Party, PDP, hots up, there may have been a major set back for one of the contenders, Chief Olisa Metuh, the National Vice Chairman, South-East of the Party as an Anambra State High Court yesterday stopped him from performing the functions of his office.
According to a copy of the Court Order which was made available to Journalists yesterday at the PDP National Secretariat, the court also said that if Metuh must contest or aspire to any higher office in the PDP, he must first be elected a delegate in a conclusive congress in Anambra state until the matter was determined.
But in a swift reaction to the judgment, Olisa Metuh who told Journalists that he was yet receive a copy of the order, stressed that if and when the court order is served on him, he would seek the legal advice of his counsel to determine what steps to take based on a High Court judgment in his favour to the effect that his four year tenure as National Vice Chairman (South East) should not be terminated abruptly, adding that he must take steps to discharge what he described as a frivolous order.
According to him, ‘’An order of one High Court cannot stand against the judgment of another High Court.”
As a law abiding citizen I will wait to discharge the order based on the advice of my counsel.”
The suit is between Prince Emeka Eze and Hon. Tim Egboka as plaintiffs/Applicants and the PDP, The Acting National Chairman of the PDP, Dr Haliru Bello Mohammed, Chief Olisa Metuh and Barrister Bright Nebedum as 1st , 2nd, 3rd and 4th defendants respectively.
Justice D.O.C. Amaechina in Suit No: A/22/2011 restrained Metuh (3rd defendant) from “further participating, contributing to the decisions” of the PDP or “interfering in the affairs” of the PDP as the “Chairman, South-East Zone” of the PDP “pending the hearing and determination of the Motion on Notice.
The judge also directed the leadership of the PDP and the Independent national Electoral Commission (INEC) to enforce the orders, just as he warned that all the defendants in the suit must be served the court processes through substituted means that is by pasting it on their gates respectively.
The judgment read in part, “Upon reading the Motion ex-parte dated and filed on 21st January 2011, the affidavit in support of the motion ex-parte, exhibits attached thereto and the accompanying written address filed by the plaintiffs/applicants in this matter and after hearing Aithur Obi Okafor, SAN (with him J.O. Nwankiti (Miss) of Counsel for the plaintiffs/applicants; it is hereby ordered as follows:
“An order of interim injunction restraining the 3rd Defendant (Olisa Metuh), his agents, servants, cohorts and workmen from further participating, contributing to the decisions of the Peoples Democratic Party and/or interfering in the affairs of the Peoples Democratic Party as the Chairman, South-East Zone of the peoples democratic party pending the hearing and determination of the motion on notice.
“An order of interim injunction restraining the 3rd defendant from vying for, contesting or in any manner whatsoever aspiring for any high office as an officer of the Peoples Democratic Party without first being elected delegate in a conclusive congress in Anambra State pending the hearing and determination of the motion on notice.”
“Pursuant to section 21 of the High Court Law, Cap 66 Laws of Anambra State, 1991, an order that the interim injunction hereby granted shall not abate until the hearing and determination of the motion on notice or until further order.
“Pursuant to Section 287 (3) of the Constitution of the Federal Republic of Nigeria, 1999, an order directing all authorities and persons concerned with all the matters connected with the subject matter of this suit including the Peoples Democratic Party and the independent national Electoral Commission to enforce and/or give effect to the orders made herein pending the determination of the motion on notice or until further order.”
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