December 11, 2023

Celebrating Excellence & Integrity

Court (2)

Court Extends Order Restraining PDP from Suspending, Expelling Wike to March 6

Justice J. K. Omotosho of a Federal High Court, Abuja, on Tuesday, extended his order restraining the Peoples Democratic Party (PDP) from suspending or expelling the Rivers State Governor, Nyesom Wike, from the party, pending the hearing and determination of the suit brought by Wike against the PDP.

Justice Omotosho made an order extending his February 2 order, shortly after fixing March 6 for hearing in all motions pertaining to the case.

In the motion on notice dated February 2, 2023, Wike is challenging alleged plans by his party, the PDP, to either suspend or expel him from the party.
Pending the hearing of the suit marked: FHC/ABJ/CS/139/2023, the Rivers State governor brought an exparte application praying the court for an order “maintaining status quo and staying all actions in the matter relating to the threat to suspend or expel the applicant by the 1st to 5th respondents pending the hearing and determination of the motion on notice”.

The judge subsequently fixed February 14 for hearing in the main suit.

When the matter came up on Tuesday, Wike’s lawyer, Dr Joshua Musa (SAN), informed the court that parties have reached an agreement for hearing in the matter on a short date convenient for the court.
[LMr Jonathan Usman (SAN), lawyer who represented the PDP, confirmed the agreement.

The request was sequel to a Notice of Preliminary Objection filed by the PDP.

In a short ruling Justice Omotosho held that the “order of February 2, 2023 is hereby extended until the hearing of the interlocutory application”.

The judge hinted that the court will take the preliminary objection, interlocutory application, as well as the originating summons on the next adjourned date.
Justice Omotosho had on February 2, ordered parties in the suit not to do anything that may likely affect the outcome of the suit currently before the court.

A certified true copy (CTC) of the court’s order sighted by THISDAY listed the PDP, National Working Committee (NWC), National Executive Committee (NEC), National Chairman, Dr Iyorchia Ayu; National Secretary, Senator Samuel Anyanwu and the Independent National Electoral Commission (INEC) as first to sixth respondents respectively.

“Upon reading the affidavit in support of the motion exparte deposed to by Precious Ikpe and after hearing Dr J. Y. Musa, SAN for the applicant, it is hereby ordered that all parties maintain peace and shall not take any action or step or act that may make the outcome of the motion on notice dated February 2 nugatory and worthless.”

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