Wednesday, 10 July 2013

Court vacates order restraining Metuh from PDP convention

BY IKECHUKWU NNOCHIRI

ABUJA—An Abuja  High Court, yesterday, struck out the order barring former National Publicity Secretary of Peoples Democratic Party, PDP, Chief Olisah Metuh, from re-contesting the office at the special national convention of the party slated for  July 20.

Justice O.A. Musa who had on July 4 issued the order restraining Metuh from participating in the convention, discharged it yesterday consequent upon the withdrawal of the substantive case by the   plaintiffs, Keneth Enemuo and Chief Chisata Okoye.

Enemuo and Okoye had filed the case on behalf of the Emma Mbamalu- led Anambra State Executive Committee of the PDP.

When the case came up for hearing, the lawyer to the plaintiffs, Mr Daniel Osiagor, filed a motion for the discontinuance of the suit.

The defendants in the case which included the PDP, its National Chairman, Alhaji Bamanga Tukur, Olisah Metuh, Col Austin Akobundu (retired) and Chairman of the Convention Committee, Prof. Jerry Gana, did not raise objection which eventually necessitated the striking out of the case by Justice Musa.

Counsel to the 3rd, 4th and 5th defendant, Emeka Etiaba who did not object to the withdrawal of the suit, however, asked the court to award substantial cost against the plaintiffs.

He informed the court that he had already filed an application asking the court to strike out the suit, pointing out that the court lacked jurisdiction to entertain the case.

He had also argued that the plaintiffs lacked the locus-standi to initiate the suit, stating that the originating summons was not signed by a legal practitioner as required by sections 2 (1) and 24 of the Legal Practitioner Act.

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