A Federal High Court sitting in Port Harcourt has scheduled August 21st, 2024, to deliver a ruling on the authentic legal representation for the People’s Democratic Party (PDP) in a suit filed by the BOOT party against Martin Amaewhule and 25 others.
The court’s decision will clarify the legitimate legal representative of the PDP, bringing clarity to the ongoing legal battle. The suit has been a subject of interest, with many awaiting the court’s verdict on the matter.
Members of the BOOT Party had filed a suit challenging the legitimacy of Martin Amaewhule and 25 other individuals who defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC) on December 11 2023, to continue serving as members of the Rivers State House of Assembly.
The suit argues that their defection renders their positions invalid, and seeks a legal declaration that they are no longer eligible to occupy their seats in the Assembly.
During the resumed hearing of the suit on Wednesday, Kamaldeen Ajibade, the national legal adviser of the PDP and a senior advocate of Nigeria, moved an application before the court.
The application seeks to resolve the issue of legal representation of the party in the matter. Ajibade requested that the court restrain Joshua Musa, SAN, who had announced his appearance as the PDP state legal adviser, from further representing the party in the case.
Ajibade, SAN, also requested that the court discontinue all processes filed by Musa, SAN, on behalf of the PDP. Ajibade asserted that he is the sole authorized representative of the party in the suit.
He drew the court’s attention to an affidavit of joinder filed by Musa, specifically highlighting paragraph 2, where the deponent, Kingsley Chukwu, stated that he received instructions from the national leadership to join the matter. Ajibade argued that this affidavit confirms his position as the legitimate representative of the PDP in the case.
The PDP national legal adviser, Ajibade, argued that the two judgments presented by Musa, from a federal high court did not strip him of his sole authority to manage the party’s legal affairs.
Instead, they only addressed articles 42 of the party constitution. Ajibade urged the court to disregard Musa’s appearance, claiming he was not engaged by the state legal adviser.
In his response, Musa, asked the court to dismiss Ajibade’s submissions, relying on paragraph 2 of his affidavit in support of the joinder. Musa further argued that the exhibits presented by Ajibade (documents 1 & 2) were unsigned and therefore valueless, describing them as “corrupted documents.”
He urged the court not to recognize Ajibade as the legitimate representative of the PDP in the suit.
After hearing arguments from both sides, the Presiding Judge, Justice E.O Obele, adjourned the case until August 21, 2024, for a ruling on who has the rightful authority to represent the PDP in the suit and for mention on the substantive suit.
Outside the courtroom, Ajibade, SAN, the national legal adviser of the PDP, addressed newsmen, stating that the law clearly defines who can represent a political party in legal matters.
He emphasized that the national leadership of the PDP is aware that Amaewhule and 25 others have defected from the party, thereby forfeiting their seats.
The court also adjourned to 21st of August to hear on the suit filed by members of Civil Society Organization in Rivers State against the state governor, and Amaewhule and members of his group.