A Lagos High Court in Ikeja, yesterday threw away an oral application made by the ‘New PDP’ pleading the court to order the withdrawal of police officers and their Armoured Personnel Carrier, APC from the party’s secretariat which was closed down in Abuja on Saturday.
The court on September 2, 2013, had after the Baraje faction filed an application urging the court to restrain Alhaji Bamanga Tukur and his co-defendants from parading themselves as PDP executive members, urged the two parties to maintain the status quo ante pending the determination of the relief being sought by the claimants.
Aside Tukur, other respondents include Uche Secondus, Mrs Kema Chikwe, and Olisa Metuh who are Deputy National Chairman, Women Leader and Publicity Secretary respectively while other claimants with Baraje are Dr Sam Jaja, National Deputy Chairman of New PDP and Prince Olagunsoye Oyinlola, National Secretary of New PDP.
At the resumed hearing, counsel to Baraje’s faction, Mr Robert Emukpaero told the court that the defendants violated the order of the court on the status quo ante ruling through their mobilisation of police officers to seal off their secretariat despite the ruling of the court.
Emukpaeruo urged the court to order the police to remove their officers and armoured personnel carrier vehicles from the secretariat and allow his clients access to their offices.
According to him, “Despite the order granted by your Lordship on September 2nd 2013, asking both parties in the case to maintain the status quo, yet the defendants still resort to self-help by using the police to seal off the office of the claimants on Saturday, September 7, 2013.
“The fact that the event happened on September 7 which was after the order of maintaining Status quo ante of September 2 means a violation of your Lordship’s order and when such happens, your Lordship has the right to restore both parties to the status the situation was as at September 2 when the order was given”.
In his submission, counsel to Tukur and other defendants, Mr Ajibola Oluyede refutes the claims of Emukpaeruo, saying that his capitulation is nothing short of “emotional outburst”. Oluyede said that only police could explain why the office was sealed off as there was no evidence linking the effort of the defendants to the closure of the secretariat on Saturday.
In his short ruling, Justice Ganiyu Safari averred that there was no evidence to link the Tukur faction with the closure of the secretariat, stressing, however, that the court’s previous ruling on maintenance of status quo pending the determination of the suit should be adhered to.
He said: “I am of the view that if the claimants have evidence showing that defendants, apart from being members of PDP, have over-riding authority on the police, the claimant should join them as a party to respond but has actually failed to do so. This court however will not take lightly any violation of its order by any of the party involved in the case.
Justice Safari thereafter adjourned the matter till Sept.17 for hearing of the preliminary objection filed by the defendants.