Kogi State High Court on Monday ordered the Chairman, Okene Local Government Council to stay action and maintain status quo on the quit notice issued to the Peoples Democratic Party to vacate its office located besides the Okene Central Mosque, by the Nigerian Postal Service (NIPOST).
The court asked the chairman to stop his action, pending the hearing of motion on notice the PDP filed before the court.
Newsmen had reported that in another move to subdue opposition political parties in the state, Governor Yahaya Bello who is of the ruling All Progressives Congress (APC) shut down the central office of the PDP in the state, using the local government chairman of the area, Abdulrazak Yusuf.
It was gathered that the shutting down of the PDP office was part of the APC government’s move to stop the PDP candidate, Natasha Akpoti’s campaign for Senate.
The Chairman of Okene Local Government Council, Hon. Abdulrazak M. Yusuf, in a letter dated October 26, 2022, and with Ref No: OKLG/S/OFF/28011/321, asked the PDP to vacate the office, citing security as the reason for shutting down the opposition party’s secretariat in the local government area where the governor also hailed from.
In replying to the notification letter, the PDP in a letter addressed to the Chairman of Okene Local Government Council, dated October 27, 2022, and signed by the Okene PDP Chairman, Ibrahim Adabara, rejected the ultimatum, describing the government order as ultra vires of the powers of a local government chairman under the extant laws in Nigeria.
Consequently, the party Chairman, Adabara through his Counsel M.S. Etube Esq. approached the State High Court sitting in Koton-karfe in Motion No: HC/KK/55m/2022 sought among others an order restraining the chairman from shutting down the office of the party and declare his actions illegal, unconstitutional.
Joined in the suit brought through ex parte application pursuant to Order 2 Rule 1 and 2 of the fundamental Right (Enforcement Procedure) Rules 2009 and Sections 40, 43, and 44 of the 1999 Constitution (As amended) are the Chairman Okene Local Government Council; the Commissioner of Police, Kogi State and the Attorney General of Kogi State as Respondents.
The applicant (Adabara) sought the reliefs: “1) A Declaration that the 1st Respondent acting on the instruction of the 2nd Respondent has no power, lawful jurisdiction, legal authority to issue quit notice to the Applicant and his Political Party, the People’s Democratic Party to vacate the property known and situate at Besides Okene Central Mosque, by Nigeria Postal Service (NIPOST) Office, Okene, Kogi State
“2) A Declaration that the quit notice issue by the 1st Respondent to the Applicant and his Political Party, the People’s Democratic Party to vacate the property known and situate at and besides Okene Central Mosque, by Nigeria Postal Service (NIPOST) Office, Okene, Kogi State is illegal, unconstitutional’ statutory powers and duties under the Nigerian laws.
“3) A Dederation that the quit notice by the 1st Respondent to the Applicant and his Political party, the People’s Democratic Party to vacate the property known and situate at and Besides Okene Central Mosque, By Nigeria Postal Service (NIPOST) Office, Okene, Kogi State is a breach breach of the Constitutional nights of the Applicant as provided and protected under sections 140, 43, and 44 of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and People’s Rights.
“4) An Order granting a perpetual injunction restraining the 1″, 2”, 3 Respondents, their officers, servants, agents, privies and/or such other representatives howsoever described from unlawfully interfering with or doing any act that may impeded the Applicant’s peaceful possession and enjoyment of the property known and situate at and Besides Okene Central Mosque, by Nigeria Postal Service (NIPOST) Office, Okene, Kogi State and or such other acts that are likely to impede the Fundamental Rights of the Applicant as guaranteed under sections 40, 43 and 44 of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and People’s Rights.
“5) An Order directing the 2 and 3¹ Respondent as the custodian of the law in Kog State to protect the Fundamental Rights of the Applicant as guaranteed under section 40 and 43 of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria and the African Charter on Human and People’s Right from being likely to be breached by the 1ª Respondent.
“6) An Order directing the 1 Respondent to pay the Applicant the sum of Fifty Million Naira (N50,000,000.00) only as exemplary damage.
“7) AND FOR SUCH FURTHER AND ANY OTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstances.”
Ruling on the application, the presiding judge refused to grant the reliefs but asked the applicant to put all the respondents on notice.
The court however, ordered that parties shall maintain status quo pending a determination of Motion on Notice.
“Upon listening to the Experte application of the Applicant, counsel, M. S. ETUBI Esq. brought pursuant to Order 2 Rule 1 and 2 of the fundamental Right (Enforcement Procedure) Rules 2009 and Sections 40, 43, and 44 of the 1999 Constitution (As amended) and the inherent jurisdiction of this Honorable Court…
“I have gone through the affidavit in support of the application and I hasten to state taken the interest of Justice and fair hearing, I refuse the application on the basis that the defendant is to be put on notice. Parties shall maintain status quo pending a determination of Motion on Notice, and I so hold,” the judge said.
