South South PDP Congress: Same matter two rulings

A Federal High Court sitting in Abuja and presided over by Hon. Justice J.K. Omotosho has ruled that the Peoples Democratic Party, PDP, can proceed with its South-South Zonal elective congress scheduled for February 22, Saturday, in Calabar, Cross Rivers State.

This is as Rivers State High Court sitting in Port Harcourt, Rivers State, halted the Congress. The court ordered that the PDP zonal congress should neither hold in Cross River nor anywhere in Nigeria.

The court presided over by Justice G.V. Obomanu issued the order of interim injunction in a case instituted by Tony Ejiogu, a member of the PDP from Ward 3 in Etche Local Government Area and Field Nkoro, former Vice-Chairman, Southeast PDP.

Named as defendants in the suit are the PDP and Chief Dan Orbih, National Vice-Chairman, South South zone of the PDP.

The judge in a copy of the order he issued on Friday restrained the defendants, their agents and privies from conducting the PDP Southsouth zonal congress in Calabar, Cross River State, or anywhere else in Nigeria on February 22nd or any other date whatsoever pending the determination of the motion on notice.

The court ordered the parties to maintain the status quo ante litem as at February 20th pending the hearing and determination of the motion on notice.

The court granted the request of the claimants to serve the originating and other subsequent processes to be filed on the suit on the defendants by substituted means, pasting same at the gate of the first defendant (PDP) South South zonal headquarters at Road 1, Plot 2A Presidential Housing Estate, New GRA, Port Harcourt or by publication in any widely read national newspaper.

However, a Federal High Court in Abuja rejected an interim injunction sought by plaintiffs, Desmond Owei and Osahon Terry Okonedo, to halt the congress.

In a ruling issued Friday, Justice Omotosho denied the plaintiffs’ Motion Exparte, which was filed on February 20, 2025.

The motion sought to restrain the defendants—Amb. Iliya Damagun (Acting National Chairman of the PDP), Chief Dan Osi Orbhi (National Vice Chairman, South South Zone), and the PDP itself—from holding the zonal congress, approved by the Zonal Executive Committee, pending the hearing of a related Motion on Notice.

The court’s order, supported by an affidavit from Vincent Sani, a litigation secretary at Dr. O.J. Onoja, SAN, and Associates, and argued by George Ibrahim, SAN, alongside Oguche Agbonika Esq. and F.O. Akoh Esq., stated that the ex parte application to stop the congress was refused.

The court directed that the Motion on Notice, also filed on February 20, 2025, seeking an interlocutory injunction, be served on all respondents, with the matter adjourned to March 4, 2025, for a hearing.

The case, marked as Suit No. FHC/ABJ/CS/299/2025, highlights ongoing internal dynamics within the PDP as the party navigates leadership elections in the South-South Zone.

In the hierarchy of courts in the country, order of the Federal High Court supercedes that of the State High Court.

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