The Court of Appeal sitting in Port Harcourt has dismissed an application challenging the suspension of Mr Uche Secondus from the Peoples Democratic Party (PDP).
A panel of three justices led by Justice Haruna Tsammani struck out the suit on Tuesday during its sitting in the Rivers State capital.
The PDP had filed the application at the appellate court to test the validity of Secondus’ suspension from the main opposition party.
In its judgement delivered on September 10, a high court in Rivers affirmed the suspension of Secondus from the party at his ward in Ikuru Town in Andoni Local Government Area of the state.
During proceedings on Tuesday, the new counsel to the main opposition party, Sunday Ameh, told the court that upon going through the processes, he did not find the need to continue with the application.
Meanwhile, the court has adjourned the argument on the application seeking to stop the PDP from conducting its National Convention this weekend.
The argument on the application was adjourned till 12pm on Thursday following an application for joinder by interested parties.
It is, however, not clear if the court would make any pronouncement on the adjourned date.
The PDP had fixed October 30 and 31 for a special convention to elect new national officers in Abuja, as a means to resolve the internal crisis that rocked the Secondus led National Working Committee of the party.
But Secondus is not pleased with the decision to conduct the convention which would abruptly end his tenure that was due to expire in December.
The suspended PDP National Chairman later filed an application as part of the processes in the ongoing litigation over his suspension from the party, to stop the party from holding the convention.
Following the suspension of Secondus, Mr Yomi Akinwonmi has been serving as the PDP National Chairman in an acting capacity.
Amid the controversy sparked by Secondus’ suspension, a Federal High Court in Lagos declined to entertain a suit filed by a faction of the PDP seeking to restrain the party and any of its members from calling, summoning or presiding over any meeting, except it was called by the suspended national chairman.
The presiding judge, Justice Tijjani Ringim, in a ruling delivered on September 9 declined to entertain the suit on the grounds that it was not ripe for hearing since the defendants listed therein had yet to respond to it.
Listed as plaintiffs in the suit were Mr Eddy Olafeso, Mr Rashidi Sunmonu, Mr Daisi Akintan, Mr Bunmi Jenyo, and Mr Wahab Owokoniran.
Those listed as defendants were the PDP, Secondus, Yomi Akinwonmi (PDP Deputy National Chairman, South), Senator Suleiman Nazif (PDP Deputy National Chairman, North), Senator Ibrahim Tsauri (National Secretary, PDP), Independent National Electoral Commission (INEC), and the Attorney-General of the Federation (AGF).
Among other reliefs, the plaintiffs had sought “An interlocutory order of injunction restraining the first, third, fourth, and fifth defendants by themselves, their servants, agents, privies or any member of the defendant whatsoever, other than the second defendant, from calling, summoning or presiding over any meeting of the party whatsoever, including the meeting of any committee of the party, any congress of the party, the National Working Committee, the National Executive Committee, the National Convention, and all other organs or bodies of the party pending the hearing and determination of the substantive suit.”