Did Delta Court Order Actually Restrain Buni?

BRIEFINGNOTES

In less than one week, two courts in Rivers and Cross River states delivered rulings against the embattled National Chairman of the Peoples Democratic Party Prince Uche Secondus, which he religiously obeyed, demonstrating PDP’s respect for the rule of law. In contrast, the National Chairman of the Caretaker Extraordinary Convention Planning Committee of the All Progressives Congress (APC) and Governor of Yobe State, Mr. Mai Mala Buni, has claimed that mischief makers misrepresented the facts without having access to the court ruling, Ejiofor Alike writes

The crisis besetting the Peoples Democratic Party (PDP) came to a peak late last month when a Rivers State High Court, in an interim order dated August 23, 2021 and signed by Justice O. Gbasam and the Assistant Chief Registrar (Litigation), Patricia N. Victor Nwoka, restrained the National Chairman of the party, Prince Uche Secondus from parading himself as the PDP National Chairman.

In obedience to this order, Secondus abdicated his office and handed over to his deputy, Mr. Yemi Akinwonmi

However, his supporters went to a Kebbi State High Court, which issued an interim order directing him to resume office, pending the determination of the substantive suit.

The embattled Secondus returned to his desk 24 hours later but another high court in Cross River State restrained him again.

In obedience to this order, Secondus asked his deputy, Akinwonmi to preside over the National Executive Council (NEC) meeting held last Saturday and has been out of office since then.

So, when media reports claimed that a Delta State High Court sitting in Asaba, last Wednesday restrained the National Chairman of the Caretaker and Extraordinary Convention Planning Committee (CECPC) of the All Progressives Congress and Governor of Yobe State, Mr. Mai Mala Buni, along with other members from acting or parading themselves as the APC CECPC until the determination of a substantive suit before the court, many Nigerians thought Buni would abide by the court order to show example as chairman of the ruling party.

But Buni has dismissed the purported court order, describing it as the work of mischief makers who did not wish APC well.

However, the reports had claimed that the presiding judge, Justice Onome Marshal Umukoro, also stopped the scheduled APC Local Government Congress in Delta State slated for September 4, 2021 (yesterday).

APC Deputy Chairman, Olorogun Elvis Ayomanor leading other officials of the Delta APC had approached the court to challenge the outcome of the Ward Congress in the state.

In the ex-parte motion by the applicants, lead counsel, Mr. Daubry Ebipade Richard prayed the court to grant the seven-point reliefs sought, insisting that going ahead with yesterday’s Local Government Congress in Delta State, would cause more damage to his clients.

Principal among the reliefs sought by the applicants was: “An order of interim injunction of this Honourable Court restraining the 2nd – 14th defendants/respondents from further acting or parading themselves as the members of the Caretaker/ Extraordinary Convention Planning Committee (CECPC) of the 1st defendant (APC), pending the hearing and determination of the Motion on Notice already filed and served in the suit;

“Alternatively: An order of interim injunction of this Honourable Court restraining the 2nd – 14th Defendants/Respondents from conducting the Local Government and State Congresses slated for September 4, 2021 or any other date, and other Congresses of the 1st defendant in Delta State, pending the hearing and determination of the Motion on Notice already filed and served.

Lead counsel to the defendants/ respondents, Mr. Robert Emukpoeruo (SAN), was said to have initially challenged the jurisdiction of the court to entertain the suit but later on sought that certain parties be joined as co-defendants/respondents.

But counsel to the applicants, Richard had reportedly argued that the matter before the court was an ex-parte motion, which did not require consideration of the parties.

It was reported that in his ruling, Justice Umukoro granted seven days’ order of interim injunction restraining Buni and the CECPC from conducting the Local Government and State Congresses slated for September 4, 2021, or any other date, and other congresses of the APC in Delta State, or parading themselves as National Caretaker Committee of the party, pending the hearing and determination of the Motion on Notice already filed and served.

The matter was adjourned to September 7, 2021, for further hearing.

But in swift reaction, Buni dismissed the reports that he was restrained by the High Court order.

The Yobe State governor, in a statement issued by his Director General for Press, Mr. Mamman Mohammed, acknowledged that the restriction of the forthcoming local government congresses was also limited to Delta State and did not affect other states.

He, however, noted that some mischief makers, who never wished the party well, had continued to misrepresent the facts without having access to the court ruling.

Buni explained that one Mr. Elvis Ayomanor and seven others had on August 19, instituted the case, praying the court to among other things, issue and serve the originating summons on 15 defendants, including the party, Buni and members of the national caretaker committee as well as, the chairman of the party in the state.

Buni added that applicants also sought the court to issue an interim injunction to restrain him and members of the committee from acting or parading themselves as leaders of the party, pending the determination of the case against the outcome of the ward Congresses in Delta State.

He noted that they also prayed for an interim injunction restraining the party from conducting the local government and state congresses slated for 4th September in the state pending the determination of the case before the court.

Buni, however, clarified that the High court in its wisdom, ruled: “This court has looked at the motion Ex-Parte dated 18th/8/2021 and filed 19/8/2021 seeking the reliefs as set out on the face of the motion paper.

“This court has also looked at the supporting affidavit along with exhibits attached as well as the written address containing legal arguments in support of the prayers sought. Reliefs 1, 2, 3 and 4 have to do with issues of service of processes on all parties in this suit.

“Relief 5, 6 and 7 are injunctive reliefs being sought in the interim. The affidavits in support contain sufficient grounds for the grant of the reliefs being sought. Reliefs 1,2,3,4 and alternative prayer 5 of the motion Ex-Parte are hereby granted.

“Alternative prayer 5 is granted only in relation to the 15th defendant (Jones Ode Erue, Chairman APC, Delta State). In compliance with order 39 Rule 7(3) of the Extant Civil Procedure Rules of this court, this order of injunction granted shall abate after seven days.”

Buni insisted that the court ruling only affected the 15th defendant (Delta State Chairman of APC) and not him and other members of the committee.

Did the court actually restrain the Yobe State governor as claimed in the media?

Was he not supposed to follow the example demonstrated by Secondus instead of interpreting the order?

Many analysts feel that move by the Yobe governor is typical of APC. They said since the party assumed office in 2015, it is either it is disobeying court orders or judgments or choosing which one to obey.

“An order of court is an order of court. It must be respected and obeyed until a superior vacates it. Anything contrary amounts to lawlessness,” said one of the analysts who prefer to remain anonymous.

He drew attention to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, who in 2019 told Nigerians that his office can choose to disobey certain court orders in the interest of the public.