The Federal High Court sitting in Port Harcourt, Rivers State, has delivered its judgement in favour of the state legal adviser of the Peoples Democratic Party (PDP) in a case to determine the party’s representation in court.
The court held that the state legal adviser of the PDP reserved the right to appoint legal representation for matters concerning the party’s interests in Rivers.
The court delved into the matter after the national legal adviser of PDP, Kamaldeen Ajibade challenged the state legal adviser’s authority to appoint Joshua Musa to represent the party in a suit between Victor Oko-Jumbo and two others against Martin Amaewhule and 25 others.
The court’s decision followed a previous ruling by the Federal High Court in Abuja, in the case of Amb. Desmond Akawo v. Peoples Democratic Party & 2 ORS delivered on September 20, 2023.
The Abuja court had interpreted Article 46(1) of the PDP’s Constitution and affirmed that the state legal adviser had the authority to appoint a legal team for the party at the state level.
Justice Mohammed Obile in his judgement declared that the National Legal Adviser of the PDP, Kamaldeen Ajibade, lacked the authority to direct Joshua Musa, appointed by the state Legal Adviser, to withdraw from the case.
He ruled that Musa was duly briefed by his client, Kingsley Chukwu, the state Legal Adviser and emphasized that legal advisers at different levels possessed equal legal powers.
He said that the national legal adviser had no authority to handle PDP cases at the state level and stuck out Ajibade’s motion and application as the 30th defendant in the suit.
The court also granted an injunction, restraining the National Legal Adviser from interfering with the state Legal Adviser’s duties on behalf of the Rivers PDP chapter.
The court based its decision on Article 46(1) of the PDP constitution empowering the state legal adviser with the same authority as the national legal adviser as stipulated in Article 42.
The court struck out all processes filed by Ajibade and awarded ₦100,000 in cost to Joshua Musa.
The court, however, adjourned till the 16th of October to take adoption of processes filed in the originating summons
The court in another suit filed by members of the Because Of Our Tomorrow (BOOT) party against Martin Amaewhule and 25 others, adjourned to November 4th for a hearing on the motion on legal representation.
The judge also adjourned to October 16th for a report of service on the suit filed by the Labour Party against the Rivers State House Assembly, Martin Amaewhule and 28 others.