Sunday Ejike – Abuja
A Federal High Court sitting in Abuja, on Monday, slated May 31, 2023, to deliver judgment in a suit filed by Gov. Nyesom Wike of Rivers state seeking an order restraining the Peoples Democratic Party (PDP) from expelling him from the party.
The trial Judge, Justice James Omotosho fixed the date after counsel to the governor, Dr Joshua Musa (SAN) and Johnson Usman, (SAN), representing the PDP, adopted their processes in the suit.
Governor Wike’s suit marked: FHC/ABJ/CS/139/2023, has the PDP, its National Working Committee (NWC), National Executive Committee (NEC), the party’s National Chairman, Dr Iyorchia Ayu, National Secretary of PDP, Senator Samuel Anyanwu, and the
Independent National Electoral Commission (INEC) as 1st to 6th respondents respectively.
Wike is praying for an order directing all parties to maintain status quo and stay all actions in the matter relating to the threat to suspend or expel him by the 1st to 5th respondents pending the hearing and determination of the originating motion.
The trial Judge who had, on February 2, given an interim order against the party and others listed Wike’s suit also extended the restraining order on February 14 and held that all parties should maintain status quo pending the hearing and determination of the suit.
When the matter came up for hearing on Monday, Musa informed the court that the fundamental right of his client to freedom of association was being breached due to the threat by the respondents to suspend and subsequently expel him from the party.
But responding, Usman, who appeared for the PDP and others, disagreed with Musa’s submission and argued that the case was only based on speculation as Wike had failed to provide any evidence to substantiate that the respondents intended to suspend or expel him from the party.
He said the party had not contemplated suspending or expelling members of the G5 Governors or the integrity group.
The PDP lawyer said, “We have said that there is no threat to suspend the applicant and the onus is on him to prove this.”
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