Enugu PDP: Can the lawyer wag the court?

LATEST UPDATE: Enugu PDP: Can the lawyer wag the court?

BY COMRADE MARTIN OKENWA

In the Sunday Sun of November 16, 2014, Barrister Charlie Agbo published a back page piece titled “Enugu PDP: Can the Tail Wag the Dog?”

He averred that Elder David Aja erred in his petition to the PDP National Working Commit­tee, as he purportedly confused Section 24(3) of the PDP Constitution, which provides that “State Executive Committee meeting shall meet at the instance of the Chairman not less than once every quarter” with Section 24(4), which provides that “An extra-ordinary meeting of the State Execu­tive Committee shall be held if requested for by two-thirds of the members of the State Executive Committee”.

To him, “Section 24(4) does not envisage a role by the Chairman in its fulfillment and therefore bears no reference to that office”, hence the State Executive Committee (SEC) meeting of October 31, 2014 was valid enough to bring Section 47(6) into effect by appointing a replacement from the zone where the vacancy occurred.

Much as this was most preposterous, especially coming from a lawyer, it is baffling that he contin­ued to live in a fool’s paradise even when a Fed­eral High Court declared on November 18, 2014 that following the resignation of Engr. Vita Abba as the Chairman, Aja was entitled to act as Chair­man of the Enugu PDP pending the appointment of another Chairman from Engr. Abba’s zone at a “validly” convened SEC meeting.

Justice E. S. Chukwu, while delivering judg­ment in the suit filed by Elder Aja on October 27, 2014 granted all the reliefs sought by the plaintiff (Aja) against the defendants- PDP (1st Defen­dant), Alhaji Adamu Muazu (2nd Defendant), INEC (3rd Defendant), Chief Ikeje Asogwa (4th Defendant and the impostor), and Barrister Steve Oruruo (5th Defendant who convened the illegal meeting).

Aja had among other reliefs asked the court to determine “whether having regard to the provi­sions of Sections 35, 45(2) and (4), and 47(5) and (6) of the Constitution of the Peoples Democratic Party 2012 (as amended), following the resigna­tion of Engr. Vita Abba as the Chairman of the Enugu State Chapter of the 1st Defendant, the Plaintiff (who is the Vice Chairman) is entitled to act as Chairman pending the appointment of another Chairman from the area Engr. Vita Abba hails from.

“Whether having regard to the provisions of Sections 24, 35(1), and 45 of the Constitution of the Peoples Democratic Party 2012 (as amended), and following the resignation of Engr. Vita Abba, as the Chairman of the Enugu State Chapter of the 1st Defendant, any meeting of the State Executive Committee of the Enugu State Chapter, 1st De­fendant , can be validly held without the Plaintiff in his capacity as Acting Chairman, summon­ing the meeting on his own, or at the request of two thirds of the members of the State Executive Committee of the Enugu State Chapter of the 1st Defendant.

“Whether having regard to the provisions of sections 35(1) and 45 of the Constitution of the Peoples Democratic Party 2012 (as amended), and following the resignation of Engr. Vita Abba, as the Chairman of the Enugu State Chapter of the 1st Defendant, the Plaintiff as Acting Chairman, is the proper person to preside over meetings of the State Executive Committee of the Enugu State Chapter of the 1st Defendant for the purpose of exercising the powers of the State Executive Com­mittee set out under the said constitution pending the appointment of another Chairman from the area Engr. Vita Abba hails from.”

It further declared that Ikeje Asigwa was “not entitled to hold himself out or perform the func­tion of the Chairman of the Enugu State Chapter of the 1st Defendant not having been validly ap­pointed”. Justice Chukwu ordered the setting aside of all acts performed by Asogwa purporting to act or carry out the functions of the Chairman of the State PDP.

I was therefore surprised when Charlie Agbo ar­gued again in The Sun Newspaper of November 21, 2014 that based on the November 7, 2014 in­terim injunction issued by Justice A. R. Ozoemena of the Enugu State High Court (in the suit brought by Chief Ikeje Asogwa) purportedly restraining Elder David Aja from parading himself as the Act­ing Chairman of the Enugu State PDP pending the determination of an action before his court, Aja could not be an Acting Chairman.

He argued: “The Enugu State High Court is of coordinate jurisdiction with the Federal High Court. The implication of this is that until there is a pronouncement by the Enugu State High Court presided over by Justice Ozoemena, Elder David Aja cannot assume the chairmanship of the Enugu State chapter of the party. To do so, will be in con­tempt of the order of the Enugu State High Court.”

Agbo’s positions are jaundiced and mischievous. One, he erred in his first write up by singling out a portion of the PDP Constitution for (mis)interpre­tation without recourse to other relevant sections such as Section 35(1) on the powers to convene and preside over meetings; Section 35(3)(b) on who deputises; Section 45 on resignation and suc­cession. If the constitution intends for two-thirds majority to convene a SEC meeting, wouldn’t it have said, “if convened/called by” instead of “if requested for”? And to whom else should the re­quest be made except the one whom the constitu­tion empowers so to call a meeting? The Abuja court, like the 388th meeting of the PDP NWC flouted by Chime, has adequately answered this.

Two, Elder Aja filed his suit on October 27, 2014, while Asogwa filed his case on November 5. Is it not an abuse of court process for Asogwa to have filed that case since both courts are, as admit­ted by Agbo, of “coordinate jurisdiction”? Where discipline is taken seriously, Asogwa’s lawyer would be punished for professional malpractice.

Three, Agbo, a lawyer, should know the differ­ence between an interim injunction and a per­petual injunction (court judgment) as delivered by Justice Chukwu. Perpetual injunctions stand until the other party upturns it in an appeal. Or can the lawyer wag the court?

My crystal ball tells me that unless Governor Chime and his camp depart the path of impunity and tread the path of rule of law, obeying court and party directives, they would continue to suffer heavy trouncing in the Enugu political battle.

• Okenwa is Publicity Secretary, Enugu Rescue Group

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