Nigeria
PDP Files Motion to Challenge Order on Udeh-Okoye’s Appointment as National Secretary
The Peoples Democratic Party (PDP) has taken legal action to challenge a recent court order directing the recognition of Sunday Udeh-Okoye as the party’s national secretary. This move comes in the wake of a ruling by Cyprian Ajah, a judge at a high court in Enugu, issuing an interim order mandating the party to acknowledge Udeh-Okoye within 24 hours.
The court’s order stated, “The 2nd defendant respondent is hereby ordered to recognize within 24 hours of the service of this order on him, HON, S.K.E. Udeh-Okoye (the person recommended by the south-east zonal executive committee of the 1st defendant respondent; pending the hearing and determination of the motion on notice.”
However, in a motion on notice dated and filed on October 24, the first to fourth defendants – which include the PDP, its national chairman Umar Damagun, Samuel Anyawu, the national secretary, and Ali Odefa, the national vice chairman of the south-east zone – are contesting the court’s order.
The defendants are asserting that the order was “obtained by fraud and suppression of material facts.” They also pointed out that the order lacks specificity in terms of what position Udeh-Okoye should fill, and they argue that granting this interim order is inappropriate because it duplicates the primary relief sought in the substantive suit.
The defendants’ legal team further contended, “Courts usually avoid the determination of the substantive Suit/Issues before it at the interlocutory stage, as a determination of the substantive Suit at the interlocutory stage will render the main suit nugatory, pre-emptive, and useless at the end of the matter.”
Additionally, they questioned the purpose of the court’s order, stating that it is “not only inchoate but also speculative,” as it does not specify what role Hon. S.K.F Udeh-Okoye should be recognized for by the 2nd defendant.
The PDP and its officials are also raising concerns that the suit is an abuse of the court process, as a similar matter related to the office of national secretary is already pending before a high court in Abia State. They have formally requested the court to set aside the order in question.
As this legal battle unfolds, it remains to be seen how the court will address these contentious issues and whether it will uphold or overturn the interim order recognizing Sunday Udeh-Okoye as the national secretary of the PDP.
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