PDP Clarifies Position on Legal Representation in Rivers State Suit
By Wisdom Tide
November 9, 2024
The Peoples Democratic Party (PDP) has issued a statement clarifying its position on recent legal proceedings related to an ongoing court case in Rivers State. The case, identified as Suit No: PHC/2177/CS/2024, involves a restraining order issued by the Rivers State High Court. This clarification addresses concerns and rumors regarding the PDP's alleged involvement in an appeal within this legal matter.
Denial of Alleged Appeal Filing
In a recent statement, Debo Ologunagba, the National Publicity Secretary of the PDP, responded to claims that the party had filed an appeal concerning the restraining order at the Court of Appeal in Port Harcourt. Ologunagba clarified that while the PDP’s national leadership had been made aware of an alleged appeal listing the PDP as the appellant, the party categorically denied filing any such appeal.
Confirmation from PDP’s Legal Adviser
Kamaldeen Ajibade, SAN, the PDP’s National Legal Adviser, further affirmed this position by stating that the party had not filed an appeal related to this case. Ajibade underscored that no legal action was initiated on behalf of the PDP at the Court of Appeal in Port Harcourt, reiterating that the party remains uninvolved in the purported appeal.
Legal Representation Protocol According to PDP Constitution
The PDP emphasized that any legal matters concerning the party are exclusively managed by the National Legal Adviser, as stipulated in Section 42 of the PDP Constitution (2017 Amendment). According to the constitution, the National Legal Adviser has sole authority over legal actions involving any party branch, official, or chapter.
A previous public notice issued by the PDP on January 17, 2023, outlined that no individual or group within the party has the right to file or engage external legal counsel without explicit written authorization from the National Legal Adviser. The notice emphasized that any authorization must include the specific case details and terms of engagement.
PDP’s Position on Unauthorized Appeal and Legal Proceedings
Following these clarifications, the PDP has distanced itself from the alleged appeal in the Rivers State case, affirming that it remains unassociated with any unauthorized legal actions. This statement underscores the party’s adherence to its established protocols regarding legal representation and reinforces its position on the ongoing proceedings.
Recent Court of Appeal Decision on Related Cases
Additionally, the Port Harcourt Court of Appeal recently dismissed two appeals filed by former Local Government Chairmen associated with the Minister of the Federal Capital Territory, Nyesom Wike. These appeals—CA/PH/137M/2024 and CA/PH/145M/2024—were submitted by Enyiada Cookey-Gam, the former Chairman of Opobo/Nkoro LGA, and six other individuals. The appellants had sought to challenge a High Court decision regarding the extension of their tenure, but the appeals were ultimately dismissed.
This clarification from the PDP and the recent appellate court decision contribute to an evolving legal landscape in Rivers State, where various stakeholders continue to engage in judicial processes aligned with their respective interests and legal responsibilities
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