The leadership of the Independent National Electoral Commission on Tuesday was confused on whether to monitor or stay away from Wednesday’s (today) national convention of the Peoples Democratic Party in Port Harcourt, Rivers State.

Justice Okon Abang of a Federal High Court in Abuja on Tuesday had insisted that the PDP must stop its planned national convention.

The judge gave a stern warning to the Chairman of INEC, Prof. Mahood Yakubu, not to monitor the convention. The judge also ordered the Inspector-General of Police, Ibrahim Idris, to enforce the court’s order.

Justice Abang’s order is contrary to another order by Justice Ibrahim Watila of the Port Harcourt Division of the Federal High Court, directing the IGP to monitor the convention.

Warning that the disobedience of court orders could cause anarchy, Justice Watila pointed out that the National Caretaker Committee of the PDP remained the executive authority in all matters concerning the party.

Our correspondent, who visited the headquarters of the commission in Abuja on Tuesday, was told by some national commissioners that INEC was in a dilemma over which order of the different courts it should obey concerning the convention.

It was learnt that the commission had sent a delegation to Port Harcourt, based on the Rivers State court ruling, mandating it to monitor the convention.

The ruling of Justice Okon Abang on Tuesday, insisting that INEC must stay away from the convention, was said to have put the commission in a dilemma over what to do.

One of the national commissioners, who spoke on condition of anonymity, said while the commission was willing to obey court orders, the two judgments had put it in a state of confusion.

He said, “ We have just been told that we should not be at the convention on the order of Justice Abang. Yet, another court in Port Harcourt said we must be there. These are same courts with same powers under the same President, because the Federal High Court in the country is headed by a President.

“Are these judges reading different laws or constitution? Can’t the President of the Federal High Court call his men to order?

“If we go to Port Harcourt for the convention, a judge will say we flouted his order and if we don’t go, another one will frown at our action.”

The Director, Publicity and Voters Education, INEC, Mr. Oluwole Osaze, told our correspondent that the commission was waiting to be served with the order of Justice Abang before deciding on the next step to take.

He said, “We are in dilemma over which order to obey for now. One order asks us to go, another says we should not. We are waiting to be served with the order of Justice Abang before knowing what to do.”

A deputy director in the same department, Mr. Nick Danzang, said the officials of the commission were on standby in Port Harcourt.

He said, “Although the commission has been served the Port Harcourt court judgment, it has yet to be served the Abuja court judgment by Justice Abang.

“In the meantime, our monitoring workers are on standby.”

Don’t monitor PDP convention, judge warns INEC

Justice Abang had on Tuesday turned the interim order, stopping the PDP national convention, into an interlocutory injunction that would subsist till when the substantive suit was determined

He adjourned the hearing of the case till September 7, 2016, but gave a stern warning to INEC chairman not to monitor the convention.

The judge also ordered the Inspector-General of Police to enforce his order.

Justice Abang, who faulted the decision of the Port Harcourt Division of the Federal High Court to assume jurisdiction on the case relating to the PDP convention, also directed that his order be endorsed with Form 48 (notice of disobedience of court order) and served on INEC chairman.

Justice Abang said failure by INEC or any of the defendants to comply with his order would ‘‘attract disciplinary action provided the plaintiffs know what to do.”

He said the Ahmed Makarfi-led caretaker committee members, who were on Tuesday joined as the third to the ninth respondents, adopted a strategy of not filing a counter-affidavit, adding that other processes were not found in the court file.

“They must sink and float with their legal strategy,” the judge said.

Justice Abang said the request for an adjournment by their counsel, Mr. Yunus Ustaz (SAN) and Chief Ferdinand Orbih (SAN), after the plaintiffs’ counsel, Chief Adeniyi Akintola (SAN), had moved a motion for an interlocutory injunction, was an afterthought.

Justice Abang ruled, “ The facts deposed to by the plaintiffs are credible and deserving to be granted the application in the overall interest of justice. I so hold…

“I make the following orders:

“An order of interlocutory injunction is hereby made restraining the defendants (the nine of them), their servants, agents, howsoever named from conducting the national convention of the PDP and from supervising or monitoring same under any guise and for electing any national officer of the (second) defendant (PDP), and for recognising same in any manner whatsoever, pending the determination of the substantive suit.

“An order of interlocutory injunction is, hereby, made restraining the PDP from presenting anybody and from sponsoring anybody for election into its offices and holding national convention, conference, whatever name for the purpose of electing national officers of the second defendant, pending the determination of this suit…

“An order of interlocutory injunction is, hereby, made restraining INEC from monitoring the national convention of the PDP scheduled for Port Harcourt on Wednesday, August 17, 2016, or any other day and from accepting, publishing or recognising, conference or convention howsoever named being planned by the second defendant.

“The Inspector-General of Police shall enforce the order until all applications are disposed of.

“The plaintiffs shall endorse Form 48 and serve all the defendants, especially INEC, to accompany the order.

“Learned counsel for INEC shall inform the chairman of INEC of the court’s decision and failure to comply with the order of the court will attract disciplinary action against any party in disobedience, provided the plaintiffs know what to do.

“Any party that fails to comply with the subsisting order of this court shall have himself to blame. Nobody should bring himself into direct confrontation with this court.”

The judge blamed the Port Harcourt division of the Federal High Court for the conflicting orders.

He said the attitude of his colleague had been condemned by the Supreme Court in 2004.

“This unenviable situation would have been avoided if the judge in the Port Harcourt division of the court had refused to assume jurisdiction over a case filed on August 9 after the Abuja division was already handling a similar case filed in July.

He said, “Therefore, the Port Harcourt division of the Federal High Court cannot make an order neutralising the order made by this court.”

More on

http://punchng.com/pdp-convention-dont-know-judge-obey-says-inec/

This is a case of grand conspiracy unfolding and an open display of flagrant abuse of power. Justice Abang had all the time in the world to declare Sept. 7 a fixed date for hearing of this case why wait till the Eleventh hour to declare this mockery of the judiciary he called "his judgment", truly Nigeria is a one gargantuan zoological garden mainly populated by hybrid Mona monkeys. This Abang is up to something that must be figured out.

The Convention is taking place in Port Harcourt where another High Court is situated, definitely the declaration of the PH High Court declaration should be obeyed. Abang is looking for trouble.

tomakint:
F

F for Femi Fani-Kayode!

He said, “We are in dilemma over which order to obey for now. One order asks us to go, another says we should not. b]We are waiting to be served with the order of Justice Abang before knowing what to do.”[/b]

A deputy director in the same department, Mr. Nick Danzang, said the officials of the commission were on standby in Port Harcourt.

confused?

Thought PDP caretaker committee said the party will "confidently" carry on with the convention in Port Harcourt, without minding the order from Abang whose jurisdiction doesn't exceed Abuja! INEC can go with PDP jare.

Confused party!

The Port Harcourt Federal High Court interlocutory order which was the first and earlier interlocutory order supersedes, override and nullifies Justice Abang Okon kangaroo interlocutory order that was given yesterday.



Any learned legal luminary will tell u the same thing.



Justice Abang Okon has bastardized the Nigerian Judiciary System.





I wonder if the NJC is still existing or functioning in Nigeria.

The earlier order can only be set aside by a court of higher jurisdiction and that is the court of appeal. Abang doesn't have such powers been a judge of coordinate jurisdiction....

Banana Republic...

It is unlawful to be lawful/law abiding in a lawless society like ours.
I think the judiciary is dead a long time ago.

Femolacaster:
Confused party!

I guess you wanted to say " confused country" because this has nothing to do with the party.

They should declare PDP a terrorist organisation already.

A party that founded and sponsors Boko Haram (a terrorist organisaion) should have no business existing in a free society.

A party that founded and sponsors Niger Delta Avengers (a terrorist organisation) should have no business seeking stability and progress in a free society.

A party that founded and sponsors iPod (a terrorist organisation) should have no business seeking political power in a united Nigerian state.



#Awaiting that incorrigible dolt's love letter on this post as well.




Ps: Before some people begin dey complain about time of posting, lemme quickly add- if you get to grab a copy of the series I'm watching, you wouldn't mind robbing yourself of sleep as well. Best thing ever on tv! #House of Cards S4.

Abang is anti PDP. he is a member of APC either by proxy or even card carrying. He has shown in all ramifications that he detests PDP.
He is even a failed judge if you ask me...

In Fela's voice, confusion break bone. It will be a great tragedy if our judiciary gets politicized or falls to the whims of politicians.

Now INEC is confused. Reminds me of that photoshopped 'let me come and be going' meme of that athlete that went viral.

The court in Port Harcourt cannot claim not to have been aware that a court of equal jurisdiction in Abuja was already handling the case.

I hope these selfish individuals will not destroy our judiciary for petty politics.

They should obey justice Okon Abang. No convention should be allowed to take place. Jimi Agbaje will be arrested by the Dss or efcc and confusion will be thrown in their camps. We do not need an opposition party. APC is the best thing to happen to Nigerians. God bless Buhari

Chigold101:
Abang is anti PDP. he is a member of APC either by proxy or even card carrying. He has shown in all ramifications that he detests PDP.
He is even a failed judge if you ask me...

And I tell you solemnly, all the judges in porthacourt are anti APC. They are all on Wike's payroll, in his pocket if I may.

The Nigerian judiciary system is a joke. This abang is an apc politician

omenka:


A party that founded and sponsors iPod (a terrorist organisation) should have no business seeking political power in a united Nigerian state.



#Awaiting that incorrigible dolt's love letter on this post as well.




Ps: Before some people begin dey complain about time of posting, lemme quickly add- if you get to grab a copy of the series I'm watching, you wouldn't mind robbing yourself of sleep as well. Best thing ever on tv! #House of Cards S4.

I will never understand why some foolish people care about the highlighted!! They don't pay one's bills, why the "concern" then?

As per the topic, INEC will bail, they are just waiting to have documented excuse.... I however wish they will do this convention so make we for hear word and Deji Adeyanju and his fanboys can go and rest.

omenka:
They should declare PDP a terrorist organisation already.

A party that founded and sponsors Boko Haram (a terrorist organisaion) should have no business existing in a free society.

A party that founded and sponsors Niger Delta Avengers (a terrorist organisation) should have no business seeking stability and progress in a free society.

A party that founded and sponsors iPod (a terrorist organisation) should have no business seeking political power in a united Nigerian state.



#Awaiting that incorrigible dolt's love letter on this post as well.




Ps: Before some people begin dey complain about time of posting, lemme quickly add- if you get to grab a copy of the series I'm watching, you wouldn't mind robbing yourself of sleep as well. Best thing ever on tv! #House of Cards S4.

Opposition is Good for our Democracy dont be deceived with what the judges are doing

The Convention is going on as planned let Abang go n die.

Seriously, this useless Abang is beginning to get on my nerves
Na dat stupid Sheriff give u mouth sha

But why hasn't the Supreme Court been called upon to resolve this seeming conundrum? Abi party matter no dey consign dem

Anyway Abang can go to hell, our convention will hold

The convention will meet a dead lock. Sherif and his camp will still do something to usurp wherever dey conclude in that convention.

That Sherif is more than 80% of the whole pdp when it comes to action

Tolexander:
F for Femi Fani-Kayode!

confused?

Thought PDP caretaker committee said the party will "confidently" carry on with the convention in Port Harcourt, without minding the order from Abang whose jurisdiction doesn't exceed Abuja!

You are the one who is confused.Those remarks came from an INEC official and not that of the PDP

So many kids here, honestly..


INEC should obey the two court orders

tomakint:
This is a case of grand conspiracy unfolding and an open display of flagrant abuse of power. Justice Abang had all the time in the world to declare Sept. 7 a fixed date for hearing of this case why wait till the Eleventh hour to declare this mockery of the judiciary he called "his judgment", truly Nigeria is a one gargantuan zoological garden mainly populated by hybrid Mona monkeys. This Abang is up to something that must be figured out.

The Convention is taking place in Port Harcourt where another High Court is situated, definitely the declaration of the PH High Court declaration should be obeyed. Abang is looking for trouble.

Take it or leave it, Wike and Fayose should be held responsible for this present pdp crisis. They went ahead to invite a trouble maker. Give it to FFK that stood firmly against Sherrif from day one. If Abang is for APC , then the Judge in Port Harcour is for PDP. Morever this case was 1st file at the Federal High Court Abuja, so the FHC PH should have request the case to be transfer to them before giving judgement.

Politician mocking our weak judicial system, Nigerian politician are now shopping for favourable court judgement like pure water.

modath:


I will never understand why some foolish people care about the highlighted!! They don't pay one's bills, why the "concern" then?

As per the topic, INEC will bail, they are just waiting to have documented excuse.... I however wish they will do this convention so make we for hear word and Deji Adeyanju and his fanboys can go and rest.

Of course we all want it to hold and know it will- but you know that urge to smash Flatron LCDs on the wall comes like the urge a rockstar has to smash his guitar after a fantastic state performance.

Their wailing afterwards soothes ones frayed nerves.

olaolaking:
The convention will meet a dead lock. Sherif and his camp will still do something to usurp wherever dey conclude in that convention.

That Sherif is more than 80% of the whole pdp when it comes to action

Assassinating him may not be difficult

dridowu:
Take it or leave it, Wike and Fayose should be held responsible for this present pdp crisis. They went ahead to invite a trouble maker. Give it to FFK that stood firmly against Sherrif from day one. If Abang is for APC , then the Judge in Port Harcour is for PDP. Morever this case was 1st file at the Federal High Court Abuja, so the FHC PH should have request the case to be transfer to them before giving judgement.

The substance of the case in PH is different from that of Abuja.... Ph gave judgment while abang was still messing around .... Only the court of appeal can do anything about the PH judgment

omenka:
Of course we all want it to hold and know it will- but you know that urge to smash Flatron LCDs on the wall comes like the urge a rockstar has to smash his guitar after a fantastic state performance.

Their wailing afterwards soothes ones frayed nerves.

Not soon, going by developing news from filtering in from PH, seems NPF has sealed off the convention venue...

NJC has a major job to do..

dunkem21:
So many kids here, honestly..


INEC should obey the two court orders

Inec knows that only the court of appeal can set the PH judgment aside.

olaolaking:
The convention will meet a dead lock. Sherif and his camp will still do something to usurp wherever dey conclude in that convention.

That Sherif is more than 80% of the whole pdp when it comes to action

Don't be deceived Sheriff will never lead PDP again. At the worst they all decamp to APC which is better because the Nigerian electorate is not worth fighting for