PDP asks court to dismiss Wike’s suit with substantial cost
The Peoples Democratic Party (PDP) has prayed a Federal High Court, Abuja to dismiss a suit filed by the Governor of Rivers, Nyesom Wike against it and others with substantial cost
The PDP, in a counter affidavit dated and filed on Feb. 10 on behalf of the party’s executive members listed in the suit before Justice James Omotosho, said contrary to Wike’s deposition, none of the respondents threatened to deal with the governor.
The News Agency of Nigeria reports that Wike, in the motion marked: FHC/ABJ/CS/139/2023, had sued the PDP, its National Working Committee (NWC) and National Executive Committee (NEC).
Others joined in the application dated and filed on Feb. 2 include the National Chairman of PDP, Dr. Iyorchia Ayu; National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) as 1st to 6th respondents respectively.
The governor is praying for an order directing all parties to maintain status quo and staying 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.
But the PDP, in the counter affidavit deposed to by Nanchang Ndam, a staff in the Legal Department of the party’s national secretariat, averred that all Wike’s depositions were untrue.
“That contrary to the deposition in Paragraph 3 (ii), (iii) and (iv) of the affidavit in support of the motion, I know that none of the respondents threatened to deal with the applicant (Wike), none of the respondents threatened to expel or suspend the applicant from the 1st respondent (PDP),” he said.
Ndam averred that there was no threat to Wike’s right of freedom of association by any of the respondent contrary to his insinuation.
According to him, it is in the interest of justice to dismiss this suit with substantial cost.
Upon resumed hearing, Wike’s counsel, Joshua Musa, SAN, informed that he received a notice of preliminary objection, counter affidavit to their motion on notice and a counter affidavit to their originating motion from 1st to 5th respondents.
“We were served with all this in the wee working hours of 10th of February and we are within time to respond,” he said.
Musa said he and lawyer to the respondents, Johnson Usman, SAN, had already agreed before the commencement of the sitting to take another date for hearing.
He said they agreed to come back on March 6 subject to the convenience of the court
Usman and INEC’s lawyer, M A. Bawa, did not oppose the application and Justice Omotosho adjourned the matter until March 6 for hearing.
The judge, who said that all applications filed would be taken on the next adjourned date, extended the interim order made on Feb 2, reiterating parties to maintain a status quo pending the hearing and determination of the substantive matter.
Source – NAN