Court stops PDP from dissolving Wike-backed Rivers SEC

Federal High Court in Abuja has restrained the Peoples Democratic Party (PDP) from dissolving the State Executive Committee (SEC) of its Rivers Chapter.

The court also gave an order restraining the Independent National Electoral Commission (INEC) from according recognition or accepting any name as caretaker committee of the PDP in the state except those democratically elected and represented by the existing committee members in the state.

PDP has leveled allegations of anti-party activities against the Rivers State chapter said to be strongly loyal to the Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, a PDP member now serving in the All Progressives Congress (APC)-led Federal Government.

Mr Wike, immediate past Rivers State Governor, had earlier also secured a court injunction stopping the national body of the party from suspending or expelling him for anti-party activities.

Delivering judgment, Justice Inyang Ekwo, Wednesday, in Abuja, said he found that the case of the plaintiff, Mr Desmond Mr. Akawo, succeeded on merit.

Akawo, the Rivers’ PDP Chairman, had sued the party and Dr Iyorchia Ayu (the immediate-past National Chairman representing himself and members of the National Working Committee (NWC) and National Executive Committee (NEC)) as 1st and 2nd defendants.

The plaintiff also joined the Independent National Electoral Commission (INEC) as 3rd defendant in the amended originating summons marked: FHC/ABJ/CS/112/2023 and filed on March 9 by his counsel, Dr Joshua Musa, SAN.

Akawo sought the court’s determination whether having regard to the provisions of Section 223 of the 1999 Constitution and Article 47(1) of the Constitution of the PDP (as amended In 2017), they were not entitled to serve our their term.

He said he and other members of the SEC, the LGA executive committees and the ward executive committee were elected and sworn-in pursuant to the state’s congress held on March 21, 2020 and  were entitled to complete their four-year term which expires on or about May 22, 2024.

Akawo, in the affidavit which he personally deposed to, averred that the PDP ans its national chairman on Jan. 4, prior to the general elections, threatened to unilaterally dissolve the Rivers’ chapter of SEC and replace the same with an Interim Caretaker Committee.

He, however, said that prior to the threat, neither any member of the state committee nor himself had ever been queried by them.

He, therefore, sought an order of injunction restraining the party and the national chairman from dissolving, suspending or truncating the tenure of the Rivers’ SEC, the LGA executive committees and the ward executive committees until May 22, 2024, when their four-year term would expire, among other reliefs.

Justice Ekwo held that the PDP and its national chairman did not deny Akawo’s claims.

“Essentially, the 1st and 2nd defendants have admitted the case of the plaintiff on this issue.

“The law is that facts admitted need no further proof;” he said.

The judge, who granted all Akawo’s reliefs, declared that the party and its national chairman cannot unilaterally and without reasonable cause, dissolve the state’s EXCOs who were democratically elected for a four-year period.”

He also gave an order of injunction, restraining the PDP national body from appointing any person or group of persons as interim caretaker committee in the state until May 22, 2024.