The crisis of legitimacy between the national leadership of the Peoples Democratic Party (PDP) and the Rivers State Government continues as the Acting National Chairman of the party, Amb. Illya Damagum and the National Secretary, Senator Samuel Anyanwu, have again written a fresh letter to the Court of Appeal urging the appellate court that the party is not a party to all legal issues in the court......See Full Story>>.....See Full Story>>
This is the second time that the duo of Damagum and Anyanwu will write such a letter. The first letter was addressed to the Chief Registrar of the Federal High Court in Port Harcourt directing that the PDP is not part of the proceedings at the Port Harcourt High Court.
In the second letter, signed by Damagum and Anyanwu to the Court of Appeal, hearing the consolidated appeals on Rivers State legislature and the Local Governments Election, the PDP urged the Appeal Court to strike out the consolidated appeal as the national secretariat of the party, which they represent did not authorise the legal proceedings.
Damagum and Anyanwu said that in line with the PDP constitution, no legal proceedings that concerns the party is valid without the approval of the national leadership.
THISDAY gathered that the cases included an appeal the Rivers State Government filed to stay the execution of the judgement that mandated Governor Siminalaye Fubara to re-present his 2024 budget proposal to the pro-Wike faction of the State Assembly led by Hon. Martin Amaewhule, as well as an appeal the Action Peoples Party (APP) filed to declare seats of the lawmakers vacant over their alleged defection to the All Progressives Congress (APC).
Equally listed for hearing was an appeal marked: CA/1159/2024, which was filed by the Peoples Democratic Party (PDP).
However, on Thursday, when the matter was called up, two lawyers, Mr. B. F. Folurunsho and Mr. J. Y. Musa, separately announced their appearances for the PDP.
While Musa, SAN, told the appellate court that he was mandated by the party to withdraw the appeal, Folurunsho told the court that no such directive came from the party.
Following the controversy, the three-man special panel, led by Justice Onyekachi Otisi, acknowledged that it got a letter from the PDP indicating that it did not authorise the appeal.
The panel added that the PDP in its letter to the court, which was signed by its Acting National Chairman and Secretary, applied to discontinue the case.
Consequently, it queried the two lawyers about how they were briefed to appear in the matter.
Whereas Musa, SAN, maintained that he was briefed by the Alhaji Umar Damagum-led executives, Folurunsho said he was duly assigned the case by the National Legal Adviser of the party whom he said has the authority to handle all legal matters involving the party.
Both lawyers claimed that they got hearing notices to appear for the appeals.
In view of the development, the appellate court panel ordered the two lawyers to go back to the PDP and sort out the issue.
“The issue of which counsel that has been briefed should be clarified by the 29th respondent (PDP) and the court notified.
“This is not an issue this court can delve into at this time,” Justice Otisi held as she adjourned some of the appeals to January 23, 2025.
The counsel that represented the Rivers State Government, Mr. Goddy Uche, SAN, told the court that aside from the 11 cases, four more appeals bordering on the crisis in the state had also been filed.
He prayed for an adjournment to enable the matters to be consolidated, a prayer that was granted by the court which fixed November 22 as return date for another round of the appeals.
Meanwhile, earlier in the proceedings that lasted over six hours, the court reserved its judgement on five consolidated appeals that bordered on the local government elections that recently held in the state.
The appeals were filed by the Attorney General of Rivers State, the Social Democratic Party (SDP) and Boot Party, while the APC filed two Cross Appeals.
The case has been adjourned till January 23, 2025.