A Federal High Court in Abuja has dismissed applications filed by a former Governor of Rivers State Celestine Omehia, former House of Representatives Deputy Speaker Austin Adiele Opara and former National Chairman of the Peoples Democratic Party (PDP), Uche Secondus, seeking to vacate an order barring them from attending leadership meetings of the party.
Recall that the court had, on April 5, issued ex parte orders which, among others, restrained the three PDP chieftains from attending any meeting of the party’s National Executive Committee (NEC) or participating in deliberations or proceedings of the meetings in any manner pending the determination of the substantive suit.
Africa Update gathered that the restraining orders were made on three substantive suits filed against the three chieftains of the PDP by some members of the party in Rivers State.
The suit against Secondus and the seven others was filed by Titus Jones.
The second against Omehia and five others was filed by Precious Wobisike, while the third against Opara and seven others was filed by Chisa Amadi.
Secondus, Opara, and Omehia had applied that the execution of the orders be stayed pending the determination of the appeals they filed, challenging the ex parte orders.
In three different rulings on April 18, Justice Inyang Ekwo held that the applications for stay were wrongly filed and, therefore, incompetent.
Justice Ekwo held that under Order 26(9)(1) of the Federal High Court (Civil Procedure) Rules (FHCCPR) 2019, Secondus, Opara, and Omehia ought to apply to the court to either vary or discharge the orders, not to apply for stay.
He said: “By Order 26 (9) (1) of the FHCCPR 2019 it is provided that where an order is made on a motion ex parte, any person affected by it may, within seven days after service of it or within such further time as the court shall allow, apply to the court by motion to vary or discharge it.
“The first defendant/applicant ought to have familiarised himself with the provisions of the rules of this court before embarking on this course. “
The judge adjourned till April 25 for hearing of a pending motion on notice for interim injunctions filed by the plaintiffs in the three cases.
“What any person, who is affected by an ex parte order of the Federal High Court has to do is provided for in Order 26(9)(1) of the FHCCPR 2019,” Justice Ekwo said in the ruling on the application by Secondus.
Justice Ekwo reached the same conclusions on similar applications that Opara and Omehia had filed.
