A Federal High Court in Abuja on Thursday dismissed applications by former Chairman of the PDP, Uche Secondus, and two others, seeking to set aside an order restraining them from attending meetings of the leadership of the party.
Credible News reports that the sacked Governor of Rivers, Celestine Omehia, and former Deputy Speaker of the House of Representatives, Austin Opara, were also affected by the order.
Justice Inyang Ekwo, in separate rulings, dismissed the three separate applications filed by the trio on the ground that their motions for stay of execution of the order were wrongly filed and therefore incompetent.
Credible News reports that the judge had, on April 5, issued ex-parte orders, which, among others, restrained the three PDP chieftains from attending any meeting of the National Executive Committee, NEC, and/or Board of Trustees, BoT, of the party.
Justice Ekwo restrained them from participating in the deliberations or proceedings of the meetings in any manner pending the hearing and determination of the substantive suit.
The restraining orders were made in relation to three substantive suits filed against the three chieftains of the PDP by some members of the party in Rivers State.
Credible News reports that the suit against Secondus and seven others, marked FHC/ABJ/CS/440/2024, was filed by Titus Jones.
The second against Omehia and five others, marked: FHC/ABJ/CS/436/2024, was filed by Precious Wobisike, while the third, marked: FHC/ABJ/CS/438/2024, against Opara and seven others, was filed by Chisa Amadi.
Second, Omehia and Opara had applied that the execution of the orders be stayed pending the determination of the appeals they filed, challenging the ex-parte orders.
In the three different rulings on Thursday, Justice Ekwo described the applications as incompetent.
He held that under Order 26(9)(1) of the Federal High Court, Civil Procedure, Rules, FHCCPR, 2019, what Secondus, Omehia, and Opara ought to do was to apply to the court to either vary or discharge the orders, not to apply for stay.
The judge said: “By Order 26 (9) (1) of the FHCCPR 2019, it is provided that where an order is made on a motion ex parte, any person affected by it may, within seven days after service of it, or within such further time as the court shall allow, apply to the court by motion to vary or discharge it.
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“The first defendant or applicant ought to familiarize himself with the provisions of the rules of this court before embarking on this course.
“What any person who is affected by an ex-parte order of the Federal High Court has to do is provided for in Order 26(9)(1) of the FHCCPR 2019.
“There is no law that provides for an appeal against an ex-parte order of the Federal High Court.
“It is trite that where there is no law in support of a process or action, such process or action is considered an abuse of process by the court. I find that there is no iota of law in support of this application, and I so hold.
“The consequence thereof has also been stated by the court in a very steady manner.
“I therefore make an order dismissing this application for being an abuse of process by this court,” Justice Ekwo said in the ruling on the application by Secondus.
Justice Ekwo reached the same conclusions with respect to similar applications by Omehia and Opara.
The judge then adjourned until April 25 for a hearing of pending motions on notice for interim injunctions filed by the plaintiffs in the three cases.
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