The Peoples Democratic Party (PDP) has reported Justice Emmanuel Obile of the Port Harcourt Division of the Federal High Court to the Chief Justice of Nigeria (CJN), Tanko Mohammed for barring Edo State Governor, Godwin Obaseki from contesting in the party’s gubernatorial primaries scheduled for Thursday, June 25.
In a petition dated June 23 and signed by one Dakzel Longii Shamnas, PDP said the judge’s ruling on the ex-parte motion brought by one of the party’s aspirants, Omoregie Ogbeide-Ihiama, amounted to “taking sides”.
Ogbeide-Ihiama had approached the court for a ruling to restrain Obaseki from participating in the PDP governorship primary election.
The aspirant argued in his ex-parte application filed by his counsels, Donald Denwinge (SAN) and Ferdinard Orbih (SAN) that since Obaseki was not part of the candidates screened by the PDP National Working Committee (NWC) initially before the date on the timetable lapsed, he should not be allowed to participate in the primaries.
On Monday, Justice Obile granted the restraining order pending the hearing and determination of the main suit.
But in its petition to the CJN, the PDP stated that the judge allegedly took sides in the matter in a bid to disrupt the political process.
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“In respect of the said suit, we note that Hon. Justice E. A. Obile did not approach the matter with circumspection. His Lordship thereby played into the hands of unscrupulous politicians.
“Your Lordship may wish to take judicial notice of the fact following apparently intractable intra-party squabble in the All Progressives Congress (APC), Governor Godwin Obaseki recently defected to the PDP to pursue his political ambition of re-election as the governor of Edo State for a second term of office.
“The primary election of the PDP for the forthcoming governorship election has been scheduled to hold on the 25″‘ day of June 2020 in Benin City, the capital of Edo State.
“The subject matter of the suit is the governorship primary election of the Peoples Democratic Party (PDP), therefore the PDP is the principal defendant as it would be most affected by any order to be made by the court.
“The headquarters of the PDP is in Abuja. The screening of candidates for the gubernatorial election which the Plaintiff is complaining of in the suit took place in Abuja.
“The headquarters of the Independent National Electoral Commission (INEC) is in Abuja. On the other hand, the primary election is to take place in Benin City; and the 8th Defendant (Governor Godwin Obaseku) sought to be restrained from contesting the primary election is also based in Benin City.
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“Thus there is no nexus between the facts of this matter and Port Harcourt. These facts ought to have been taken into consideration by Hon. Justice E.A. Obile in Iine with the dictates of the extant practice and procedure of the Federal High Court in volatile pre-election matters such as the instant case.
“The Plaintiff lives in Benin City. His address in the affidavits in support of his motions for substituted service and interim injunction is 14 Adesogbe Road, Benin City, Edo State.
“But he went to Port Harcourt to file the suit when there is a Federal Hugh Court in Benin City. This should have made Hon. Justice E.A. Obile to be cautious.
“Hon. Justice E. A. Obile while going through originating processes before assuming jurisdiction should have recognized that the Port Harcourt Division of Federal High Court was chosen to make it impossible for the Defendants to appear before the court and to have tall hearing in the matter.
“This is reinforced by the applications for abridgment of time and substituted service as well as the time-bound nature of the primary election.
“The intention to deny the Defendants fair hearing is also borne out of the fact that the Plaintiff applied for and was granted substituted service of the processes of the court as well as abridgment of time.
“The orders were made on the 22“ day of June 2020, the primary election is coming up on the 25th day of June, 2020 and the 30 days for the Defendants to respond to suit was abridged to two days, thus the matter is coming up on the 24th day of June, 2020, while the primary election is holding on the 25th day of June 2020 leaving only one day for parties to take further legal steps. The orders were made by a Judge of the Federal High Court who should be cognizant of its implications,” the petition read.
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