From TONY JOHN, Port Harcourt
An Appeal Court sitting in Port Harcourt, Rivers State, has fixed Thursday, October 28, to hear and rule on motion for Interim order of injunction brought by former National Chairman of the People’s Democratic Party (PDP), Prince Uche Secondus, against the PDP and others.
Secondus, through his counsel, Payo  Oyetubo, is asking the court to suspend the October 30 and 31, National Convention of the PDP and court should also allow him the right to preside over the convention.
When the matter was mentioned in court yesterday (Tuesday),  five other members of PDP drew the attention of the court on their application for joinder, which was not opposed to by counsel for Secondus and was subsequently granted by the three-man panel of the Court of Appeal.
The defendants’ counsel including those who joined in the suit, however, opposed to the moving of the motion for interim injunction by Secondus’ counsel seeking to stop the PDP’s forthcoming National Convention and asked for time to respond to the process.
The three-man appeal panel led by Justice Haruna Simon Tsammani, after listening to the argument from both  parties, ordered counsel for the plaintiff to serve the process to the defendants’ (respondents’) counsel within 24 hours.
He said respondents’ counsels should respond within 24 hours before adjourning to October 28, for hearing and possible ruling on the motion.
The Appeal Court struck out another appeal marked CA/PH/340, filed by the PDP on the same subject matter,, after party’s new counsel, I.S. Ami, sought for its withdrawal in pursuance to the provisions of Order 11, Rule 5 of the Rules of the Court of Appeal.
Speaking to newsmen outside of courtroom, counsel for  the appellant (Secondus),  Oyetubo, who is a Senior Advocate of Nigeria (SAN), explained in details what transpired in court especially why the court adjourned till Thursday, this week.
Counsel for the defendants declined comment on the court proceedings
Also speaking outside the courtroom, Henry Bello, Counsel for five Rivers LGA Chairmen who were joined as respondents in the appeal, attributed the reason for the adjournment of the matter to delay caused by parties who joined the matter on Tuesday.
“Because of the joinder of new parties and the fact that a counter affidavit was served on me yesterday which I need to respond to, the matter has been adjourned to 12 noon  on Thursday, 28, October, 2021 for argument.”
It would be recalled that a Rivers State High Court in Port Harcourt, recently suspended  the embattled former National Chairman of PDP, Secondus, for alleged anti-party activities.
The order was given by Justice O. Gbasam following a suit filed against Secondus and the PDP by some members of the party identified as  Ibeawuchi Ernest Alex, Dennis Nna Amadi, Emmanuel Stephen and Umezirike Onucha.
The order stopped Secondus from  parading himself as a member of the PDP (the second defendant).
Justice Gbasah further restrained Secondus from attending or presiding over any meeting of the PDP or any committee of the party at ward, local government or state government.
The court also barred Secondus from calling for any ward, local government or sate congress or setting up committees for such congresses or participating in any activity of the PDP whatsoever while on suspension as a member of PDP.
The court ordered that Secondus would remain  suspended pending the hearing and determination of the motion  on notice.
Gbasah also made an order granting leave to serve by substituted means the originating summons, motion on notice and all subsequent processes on Secondus by pasting same on the gate of his residence at No 1 William Jumbo Street, Old GRA, Port Harcourt and by publication in the Nation newspaper.
The court also ordered the PDP to be served by substituted means.
Consequently, Secondus had approached  the Court  of Appeal to upturn the ruling of the lower court and stop the party’s forthcoming national convention.