Court Bars PDP’s National Legal Adviser from Interfering in Rivers Matter

The Federal High Court in Port Harcourt has ruled that the National Legal Adviser of the People’s Democratic Party (PDP) is barred from participating in the case concerning the declaration of seats of 27 lawmakers, who defected from PDP to the All Progressives Congress (APC), as vacant.

The ruling, issued in suit No. FHC/PH/CS/90/2024, involves plaintiffs Hon Victor Oko Jumbo and two others against Hon Martins Chike Amaewhule and 28 others. This matter was initially presided over by Justice Steven Dalyop Pam in FHC 4 before being transferred to Justice E.O. Obele in court 2.

The court’s decision follows an earlier ruling by the Federal High Court in Abuja in the case of Ambassador Desmond Akawo v. Peoples Democratic Party & 2 ORS (Suit No PHC/ABJ/CS/112/2023). The Abuja court interpreted Article 46(1) of the PDP’s Constitution, affirming that the State Legal Adviser holds the authority to appoint legal representation for the party at the state level.

Justice Obele ruled that National Legal Adviser Kamaldeen Ajibade does not have the authority to instruct Joshua Musa, the counsel appointed by State Legal Adviser Kingsley Chukwu, to withdraw from the case. The ruling emphasized that legal advisers at different levels have equal legal powers and that the National Legal Adviser cannot handle state-level PDP cases.

The court granted an injunction preventing Ajibade from interfering with the State Legal Adviser’s duties on behalf of the Rivers State PDP chapter. Based on Article 46(1) of the PDP constitution, the court affirmed that the State Legal Adviser possesses the same authority as the National Legal Adviser as outlined in Article 42.

All processes filed by Ajibade were struck out, and the court awarded ₦100,000 in costs to Joshua Musa. The case was adjourned until October 16 for the adoption of processes filed in the originating summons.

In a related development, in suit No. FHC/PH/269/2023 filed by the Because Of Our Tomorrow (BOOT) party against Martin Amaewhule and 25 others, Justice Obele adjourned to November 4 for a hearing on the motion regarding legal representation. This follows an argument by lawyer B. R. Gold SAN, appointed by the National Legal Adviser of the PDP, asserting his representation for the party.

The judge also scheduled a report of service for October 16 concerning a suit filed by the Labour Party against the Rivers State House Assembly, Martin Amaewhule, and 28 others.