A Federal High Court in Port Harcourt has prohibited the National Legal Adviser of the People’s Democratic Party (PDP) from appearing in a case that seeks to declare the seats of 27 lawmakers who defected from the PDP to the All Progressives Congress (APC) vacant.
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The ruling was delivered in suit No. FHC/PH/CS/90/2024, involving Hon. Victor Oko Jumbo and two others versus Hon. Martins Chike Amaewhule and 28 others.
The case was transferred from FHC 4, presided over by Justice Steven Dalyop Pam, to Court 2, overseen by Justice E.O. Obele.
The decision by Justice Obele followed a challenge by National Legal Adviser Kamaldeen Ajibade against the authority of the State Legal Adviser to appoint Joshua Musa as legal representation in the suit.
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The ruling aligns with a previous Federal High Court decision in Abuja (Ambassador Desmond Akawo v. Peoples Democratic Party & 2 ORS, Suit No PHC/ABJ/CS/112/2023), which confirmed the State Legal Adviser’s authority to appoint legal counsel at the state level as per Article 46(1) of the PDP Constitution.
Justice Obele declared that National Legal Adviser Ajibade did not have the authority to direct Joshua Musa, appointed by State Legal Adviser Barr. Kingsley Chukwu, to withdraw from the case.
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He emphasized that Legal Advisers at different levels possess equal legal powers and that the National Legal Adviser cannot handle PDP cases at the state level.
Consequently, Ajibade’s motion and application as the 30th defendant were struck out.
Additionally, the court issued an injunction preventing the National Legal Adviser from interfering with the State Legal Adviser’s duties on behalf of the Rivers State PDP chapter.
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This decision was based on Article 46(1) of the PDP Constitution, which grants the State Legal Adviser the same authority as the National Legal Adviser as outlined in Article 42.
The injunction ensures that the State Legal Adviser can perform their functions without obstruction.
All processes filed by Ajibade were struck out, and the court awarded ₦100,000 in costs to Joshua Musa.
The case was adjourned until October 16 for the adoption of processes filed in the originating summons.
In a related case (suit No. FHC/PH/269/2023), filed by members of the Because Of Our Tomorrow (BOOT) party against Martin Amaewhule and 25 others, Justice Obele adjourned the hearing on the motion for legal representation to November 4.
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This follows an argument by B.R. Gold, SAN, representing the National Legal Adviser of the PDP, asserting his role as the legal representative for the party.
The judge also scheduled a report of service for October 16 in a separate suit filed by the Labour Party against the Rivers State House of Assembly, Martin Amaewhule, and 28 others.
