The Edo State judiciary has denied granting an order restraining the Peoples Democratic Party (PDP) South South Vice President, Chief Dan Orbih; Edo PDP secretary, Hilary Otsu; House of Representatives member, Omorogie Ihama-Ogbede, among other PDP members in the state.
In a rebuttal over the weekend by the office of the Chief Registrar of the state high court, in a disclaimer issued (Saturday) 23rd October 2021 with REF. NO. EDJ/PRO/2021/VOL.11/130, said the court did not restrain PDP South South Vice Chairman, Chief Dan Orbih, the State Secretary of the party, Hilary Otsu and others from participating in the party’s national convention scheduled for October 30th and 31st, 2021.
In the disclaimer, signed by the High Court’s Chief Registrar, H.O. Osawaru Esq., read: “The attention of the Edo State Judiciary has been drawn to the publication by the online media arm of the Vanguard Newspaper, Punch Newspaper, PM news and other online news outlets to the effect that an Edo State High Court presided over by Hon. Justice J.O. Okeaya-Inneh retrained the National Vice Chairman (South South of the Peoples Democratic Party, PDP) Chief Dan Orbih and the State Secretary of the Party, Hilary Otsu and others from participating in the party’s National Convention scheduled for October 30 and 31, 2021.
“Let it be stated for record purposes that no such restraining order was issued by Hon. Justice J.O. Okeaya-Inneh. The applicants were only ordered to place the Respondents on Notice and leave was granted to the Claimants/Applicants to serve the originating process on the PDP outside the jurisdiction of the Court and a further leave was granted to the Applicant to serve the originating process by substituted means. The enrollment order which the media houses based their publication on did not place a restraining order on anyone.”
“This disclaimer was necessary as the aforementioned media houses, including the much respected Guardian, Tribune, Vanguard Newspaper were among the papers that published the false narrative with deliberate intention to mislead the unsuspecting public that Chief Dan Orbih, Rt. Hon. Ogbiede-Ihama, Chief Hillary Otsu and others were retrained by the High Court from attending, participating and voting at the PDP National Convention coming up next weekend,” the statement added.
Recall there were two reports on Friday with one stating the high court has retrained the defendants in an exparte motion filed by loyalists of the state Governor Godwin Obaseki, while another version widely circulated by the social and conventional media, said the high court gave the restraining order.
Meanwhile, The Conclave, played up both reports.
Read The Conclave report:
Did Court grant or refuse prayer to stop Orbih, Ogbiede-Ihama, others from attending PDP convention?
There were conflicting reports of what transpired in a Benin High Court on Friday in a case involving PDP South National Vice Chairman, Chief Dan Orbih and ten others.
The reports, perhaps, bordered on interpretation of the court order.
▪︎Read the first report that was widely circulated in some political circles in Edo State on Friday night hereunder:
Court refuses to stop Orbih, ten others from attending PDP convention
A Benin High Court on Friday refused to grant a restraining order against Chief Dan Orbih, the PDP South South Vice Chairman; Hon. Ogbiede-Ihama, a member of the House of Representatives; Hon. Segun Saiki and others, from attending the People’s Democratic Party (PDP) national convention Slated for October 30 and 31.
Party members believed to be loyal to the Edo Governor Godwin Obaseki had filed an ex-parte motion seeking an interim injunction order restraining the defendants from attending the convention pending the determination of the motion on notice.
However, Justice J.O. Okeaya-Inneh, the presiding Judge, refused the ex-parte motion.
In a short ruling, Justice Okeaya-Inneh held that there was no urgency in the matter that wouldl warrant a restraining order, rather he held that the defendants be put on notice and ordered accelerated hearing of the matter.
He held: “Having carefully considered the said application, I am of the humble but firm opinion that the defendants of this suit be placed on notice.
“However, because of the salient pressing issues raised in the process of the court, I hereby order accelerated hearing of the motion on notice.”
He further ordered that hearing notice be served on the 11 defendants.
The case was sdjourned to November 2, 2021.
▪︎Read the second report that was circulated by the News Agency of Nigeria hereunder:
Court bars zonal Vice Chairman, 10 other aspirants from PDP national convention
Edo High Court, sitting in Benin, on Friday, barred 11 aspirants from the October 30 and 31 National Convention of the Peoples Democratic Party (PDP).
Among those barred is the National Vice Chairman, South South, Chief Dan Orbih.
The court, presided over by Justice J. O. Okeaya-Inneh, also barred the member representing Oredo Federal Constituency in the House of Representatives, Mr Omoregie Ogeide-Ihama, and the State Secretary of the PDP, Mr Hillary Otsu, from the convention.
In the case instituted by Chief Idehen Ekundayo, Mr Stanley Iduoze and Odion Omadimhe, the court also barred eight other members of the party from the national convention.
In an Enrolment of Order by Justice Okeaya-Inneh in suit no B/218/os/2021 against Orbih and 11 others including the PDP as the 12th defendant, the court restrained the defendants from attending, participating and voting to elect members of the National Working Committee (NWC) of the PDP.
According to the judge, “they are barred from the convention pending the hearing and determination of the Motion on Notice herein.
“An order of interim injunction directing the 12th Defendant, its servants, officers, agents, or otherwise to deny admittance to the 1st – 11th Defendant at the National Convention of the 12th Defendant scheduled for 30 and 31 October, 2021.”
He also ordered that all the parties could be served by substituted means “to wit, by advertisement in a National Newspaper.”
Justice Okeaya-Inneh ordered accelerated hearing of the motion on notice and adjourned the suit to November 2. (NAN)
▪︎THE CONCLAVE Poser
What did the court expressly order?
Answer: The court has now expressly clarified the issue: The Court said Orbih, ten others were not restrained from attending PDP convention. See clarifications supra.
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