The Court of Appeal, Port Harcourt division, Rivers State, on Friday dismissed the suit filed by the National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus.
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While dismissing the application by Secondus to stop the scheduled National Convention of the PDP, the appellate court granted PDP leave to go on with the convention without let or hindrance.
The court said that the application was an afterthought and abuse of court processes, adding that after due consideration of the facts and circumstances of the case, it was “neither just nor convenient to agree to the appellant’s application.
Counsel to the appellant, Tayo Oyetubo, applied for a stay of execution and injunction to suspend the October 30th and 31st National Convention of the PDP and declare Secondus the right person to preside over the convention.
In the unanimous judgment delivered by Justice Gabriel Kolawole on behalf of the three-man appeal panel, the appellate court said it came to the conclusion that “greater justice would be done to the nation and its electoral system by the application of the applicant.
“Having regards to this development, to accede to the appellant application will cause greater problems and confusion to the 6th respondent (PDP)” especially as it relates with all plans and arrangements for its National Convention.
Justice Kolawole added: “I deliberately avoided giving much attention to the series of preliminary objections raised by the respondents. It was so in order to remain focused on the subject of the application because of its importance to the development of our electoral jurisprudence as I barely found merit in most of the issues raised.
“I also did not find the applicant’s motion on notice filed on 27 October 2021 as constituting an abuse of court process because if I have time to consider the application in detail, it’s likely I would have entered va verdict dismissing them as they are clearly intended to obfuscate the integrity of the court.”
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