Kebbi State High Court sitting in Birnin Kebbi has set aside the ex-parte order it granted to stay the suspension of Uche Secondus as National Chairman of the Peoples Democratic Party, PDP.
Justice Nusirat Umar also struck out the motion on notice and the substantive suit saying that the court lacks the jurisdiction to hear and determine the matter.
Justice Umar had on August 26, 2021, granted an order of interim injunction staying the suspension of Uche Secondus pending the determination of the substantive motion on notice.
The judge had granted Secondus leave to continue exercising all the constitutional powers of the office of National Chairman of the PDP pending the hearing and determination of the matter.
The court, however, reversed the decision Thursday after listening to a motion on notice brought before it by five applicants.
Counsel to the applicants, Henry Bello raised the issue of territorial jurisdiction and referred to section 272 sub-section one of the constitution and that the application has been heard and determined by the Rivers State High Court and an order was granted on August 23, 2021
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Justice Umar said the court has no cause to disagree with the submission of the applicant’s counsel that the constitution established one single High Court for each of the states of the federation
the judge equally agreed that Kebbi State High Court has no jurisdiction to hear and determine a matter that has been filed and determined in any High Court in Nigeria; reason being that it is a court of coordinate jurisdiction
The court further agreed that counsel to the respondents failed to disclose to the court the true subject matter of the case namely the suspension of Uche Secondus from the membership of the PDP by ward 5, Ikuru town in Andoni Local Government Area Of Rivers State.
Justice Umar said the court was misled by the failure of counsel to the respondents to disclose the true facts to the court, which necessitated the court granting the e-parte order on August 28, 2021, adding that the situation created by counsel to the respondents caused unnecessary embarrassment to the Nigerian judiciary
(Editor: Terverr Tyav)
