Court Strikes Out Case Seeking To Restrain Obaseki From Participating In Edo PDP Governorship Primaries
Posted: 25/Jun/2020

The coast is finally clear for Edo Governor Godwin Obaseki to fully participate in the Peoples Democratic Party(PDP) governorship primary elections scheduled for tomorrow.

Justice Emmanuel Obile of the Federal High Court in Port Harcourt, Rivers state on Wednesday struck out the request for injunction against his participation in the exercise by a PDP member, Omoregie Ogbeide- Ihiama who is also an aspirant in the election.

The National Legal Adviser of the PDP, Emmanuel Enoidem, informed journalists in Port Harcourt of withdrawal of the suit by the plaintiff and its subsequent dismissal by the presiding judge.

He stated nothing was standing before Governor Obaseki and his aspiration to contest the party primary election tomorrow.

Obaseki’s legal representation, Alex Egesieme, confirmed the development.

Ogbeide- Ihama had in a motion experte he filed before the court on June 22, in suit number PHC/CS/69/2020, sought an order of interim injunction to restrian Obaseki from participating in the elections.

Obaseki defected to the PDP last week after he was screened out by his All Progressives Congress(APC) over alleged irregularities in his certificates.

At the resumed sitting, counsel for the plaintiff, Ferdinad Orbih SAN, told the court that although they did comply with the order of substituted service of the originating summons to all the defendants, the process for amicable resolution of the issues was near concluded.

He asked the court to step down the case for some hours to give them chance to seal the decision, adding if the moves fail, they would return to continue with the business for the day.

The application received the supports of all the parties and the request was granted.

However before the matter was stood down, counsel for Obaseki, Alex Egesieme brought to the notice of the court the motions he has before him, for hearing.

According to him, they are, notice of preliminary objection dated and filed June 24, 2020, memo of conditional appearance of June 22, 2020, which was filed June 23, 2020, also before the court he said are application for injunction pending appeal dated June 23, and filed next day as well as notice of appeal dated June 23, 2020 and filed next day.

However when they returned before the court, Ogbeide- Ihama’s lead lawyer, Donald DeNwigwe SAN informed the court the matter had been settled and applied for withdrawal of the suit.

The court granted the application and dismissed the case.

Speaking to journalists in Port Harcourt, shortly after the sitting, Enoidem disclosed that discussion that led to the peaceful resolution of the matter lasted all through Tuesday night into Wednesday’s morning before the plaintiff could agree to withdraw the matter.

“One of us brought and order but because it is a family thing, the family sat down throughput last night and by the early hours of this morning, we came to an understanding that the party must remain united, and the plaintiff in the matter in the interest of the party as a party faithful has agreed to withdraw the case from court.

“What that means is that Governor Obaseki who joined our party last week is going to join in the party primaries scheduled to hold tomorrow in Edo state.”

Also speaking, Egesieme said: “Essentially we came prepared to tell the court that he does not have jurisdiction to entertain the matter, b cause the subject matter borders on the internal affairs of the party of which the court does not have the jurisdiction to hear.
 
“However, with what has happened today, Obaseki does not have any impendiment to contest the PDP primary election scheduled for Thursday, tomorrow,” he maintained.