Embattled National Chairman of the Peoples Democratic Party, Prince Uche Secondus, has headed for the Supreme Court to challenge Friday’s ruling of the Court of Appeal, Port Harcourt Division, which gave a nod for the party’s National Convention to hold in Abuja on Saturday (today).
According to him, impunity, which he alleged had driven the party to the precipice and threatened its internal democracy and unity, must be resisted at all costs.
Secondus told newsmen he had instructed his lawyers to appeal the ruling at the apex court in the interest of justice.
He said if those who orchestrated and foisted what he described as an avoidable crisis on the party had listened to “wise counsel of party leaders and elders who advised the withdrawal of cases, this situation would have been avoidable. I wish the party well as always.”
The Appeal Court sitting in Port Harcourt, Rivers State had on Friday dismissed the appeal filed by Secondus seeking an interim injunction to restrain the PDP from conducting its National Convention scheduled for October 30 and 31, 2021 in Abuja.
The three-man appeal panel ruled that Secondus lacked the power to stop the party’s scheduled convention, pointing out that the national leadership of the party was not an exclusive preserve of the appellant (Secondus).
The court also said Secondus failed to challenge his suspension as a member of the party from his Ward 5 in Ikuru town, Andoni Local Government Area of Rivers State, a decision it said was affirmed by the State High Court in August 2021.
The court stated that he failed to join the party’s acting National Chairman, Yemi Akinwonmi, in the suit challenging his (Akinwonmi) nomination by the party, insisting that the right which he claimed to be protecting had been withdrawn and given to Akinwonmi by the same party.
Justice Gabriel Kolawale, who read the ruling of the three-man panel headed by Justice Haruna Tsammani, also noted that Secondus did not indicate interest in his application to continue as the national chairman of the PDP after being suspended nor indicated any interest to re-contest for the position upon the expiration of his tenure on December 9, 2021, hence the application was a distraction to the planned national convention of the PDP.
Justice Kolawole refused to award costs against the appellant as sought by the respondents, adding that the application was not an abuse of court processes.
“The appellant motion on notice filed on October 27, 2021, fails and is hereby dismissed. By the power of this decision, the 6th respondent is empowered on the authority of this court’s decision to hold its national convention without any hindrance,” Justice Kolawale declared.
Speaking to newsmen outside the courtroom, counsel for Secondus, Mr Tayo Oyetibo (SAN), said the dismissal of his client’s application was not the end of it as the instructions of the appeal were still alive.
He said, “The court has directed that the PDP can continue with the national convention. However, the instruction is that the appeal continues and depending on the outcome of the appeal, if it succeeds then it has an impact on whatever decision is taken on the national convention.
“So, it’s still not over. We still have an appeal pending before this court (Court of Appeal) waiting to be taken. That is when the court said they would give us a date to come and argue. It is the outcome of that that would determine the validity or otherwise (of our case).”
On his part, Henry Bello, counsel for the 1st to 5th respondents (Rivers local government council chair who took Secondus to the state High Court), who spoke on behalf of the respondents said the ruling was a ticket to a hitch-free national convention as scheduled.
Bello stated, “The Court of Appeal in Port Harcourt has delivered a considered ruling, where the court has dismissed the application of the appellant/applicant, Uche Secondus, to stop the national convention of the PDP.
“Rather, the court has ordered the PDP to go ahead with its national convention unhindered.”
On August 23, 2021, some PDP members instituted a suit at the Rivers State High Court with Secondus and the PDP as defendants.
On September 10, the court delivered its judgement and restrained Secondus from performing the duties of the party’s national chairman.
Secondus subsequently filed an appeal before the Court of Appeal on October 14, seeking an order of injunction restraining the PDP from holding or conducting the national convention, pending the hearing and final determination of the appeal.
Reacting to the ruling, Secondus said he disagreed with it, but still respected it.
Secondus in a statement released by his Media Adviser, Ike Abonyi, said the ongoing case was not about him but the need to protect the sanctity of the party’s constitution.
The statement said, “I have just been briefed on the ruling of the Court of Appeal, Port Harcourt dismissing my motion to halt the National Convention of the party. I respect the position of the court even though I disagree totally with it.
“Even as the substantive case is still pending at the Court of Appeal, I have instructed my lawyers to study the ruling with a view to appealing it immediately as no abuse of the constitution of our dear party should be allowed to stand.
“The issue is not about Prince Uche Secondus but about the sanctity of our party constitution and core democratic principles of justice and rule of law not only in PDP but in our democracy. No impunity must be condoned.
“I will therefore wish to emphasise the fact that I did not take the party to court and would not have done that. As a foundation member of this party who has served at various levels as state chairman, chairman of state chairmen, National Organising Secretary, Deputy National Chairman, Acting National Chairman and now National Chairman, I am very much abreast with the workings of the party. I have been a witness to how much harm litigations have done to our party in the past and as a result, I have been a strong advocate against settling issues in courts.”
He said he resisted pressures mounted on him to go to court to stop those planning against him because of his love for the party, adding that he did not want to be seen as someone who took the party to court.
He added, “This was why I resisted and rejected entreaties of those who wanted me to go to court to halt these forces when it was obvious that they were determined to disrupt my leadership and truncate my tenure in office with the sole objective of hijacking the party for their selfish, ulterior motives.
“To allow this travesty to stand is to reduce our beloved party to a level where anybody can wake up overnight and remove officers against the proscribed constitutional process and the National Chairman for that matter, purporting to use the judiciary through an ex parte order to legitimise same.
“As a major practitioner in our democracy, I am duty-bound to protect and defend the sanctity of the provisions of our constitution of which I am the custodian.
“I wish to at this juncture thank and appreciate leaders and other stakeholders of our party who have called to express their concerns on this matter and appeal for the understanding of all.”
He noted that if those who orchestrated and foisted the avoidable crisis on the party had listened to the wise counsel of party leaders and elders who advised the withdrawal of cases, the current situation would have been avoidable. I wish the party well as always.”
