For the second time, a Federal High Court in Abuja yesterday restrained the Peoples Democratic Party (PDP) from holding its National Convention scheduled to hold in Ibadan, Oyo State this Saturday and Sunday.
The court also barred the Independent National Electoral Commission (INEC) from supervising, monitoring or recognising the outcome of the National Convention where national officers are expected to be elected. Justice Peter Lifu issued the fresh order while delivering ruling in an application brought by a former governor of Jigawa State, Sule Lamido.
Lamido, a foundation member of PDP had dragged the party before the court complaining that he was denied the opportunity to buy the chairmanship nomination form to enable him participate in the convention.
The judge predicated the restriction order against PDP on the grounds that the party refused, neglected and failed to comply with relevant conditions and laws for the conduct of such conventions.
The judge held that evidence from Lamido showed that the timetable for the convention was not published for the attention of its members as required by law. Justice Lifu also held that the balance of convenience tilted towards Lamido because he would suffer more if allowed to be unlawfully excluded from the planned convention.
To make remedy, the Judge said that the former governor had undertaken to pay damages to PDP in the event that his suit was found to be frivolous. According to the Judge, in a constitutional arrangement, due process of law must be strictly followed by those in charge adding that to do otherwise, will endanger democracy itself.
In his final pro- nouncement, the Judge restrained PDP from proceeding with the convention billed for November 15 and 16 or any other date in Ibadan or any other place. He also stopped INEC from supervising, monitoring or recognising the outcome of any convention that would be organised by PDP.
It will be recalled that another Judge of the same court, James Omotosho had on October 31 issued similar orders stopping INEC from supervising or recognising the outcome of the convention if conducted. His ground was predi- cated on the facts that due process was not followed in the way the convention was being planned.
Besides, Omotosho held that the PDP failed to issue the mandatory 21 days notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses. Justice Omotosho held that the failure of the PDP to comply with the law had put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
