Assembly Crisis: Court Affirms PDP Rivers Legal Adviser’s Authority
From ERIC MOORE, Port Harcourt
A Federal High Court sitting in Port Harcourt, Rivers State, has ruled in favour of the State Legal Adviser of the People’s Democratic Party (PDP) in a matter determining who represents the party between the National and State legal secretariats.
The court affirmed that the state legal adviser of the party has the right to appoint legal representation for matters concerning the party’s interests in Rivers State.
The court’s ruling came after the National Legal Adviser, Kamaldeen Ajibade, challenged the State Legal Adviser’s authority to appoint Joshua Musa as legal representation in a suit marked FHC/PH/CS/90/2024 filed by the Victor Oko-Jumbo and two others against Martin Amaewhule and 25 others.
The court’s verdict followed a previous ruling by the Federal High Court in Abuja, in the case of Ambassador Desmond Akawo v. Peoples Democratic Party & 2 ORS (Suit No PHC/ABJ/CS/112/2023), delivered on September 20, 2023.
The Abuja court had interpreted Article 46(1) of the PDP’s Constitution, affirming that the State Legal Adviser has the authority to appoint legal representation for the party at the state level.
In his ruling, the Presiding Judge, Justice Mohammed Obile, declared that the National Legal Adviser of the PDP, Kamaldeen Ajibade, lacks the authority to direct counsel Joshua Musa, appointed by the State Legal Adviser, to withdraw from the case.
He ruled that Musa was duly briefed by his client, Barr Kingsley Chukwu, the State Legal Adviser.
Justice Obile’s ruling emphasized that legal advisers at different levels possess equal legal powers.
He stated that the National Legal Adviser has no authority to handle PDP cases at the state level, leading to the strike-out of Ajibade’s motion and application as the 30th defendant in the suit.
Also, the court granted an injunction, restraining the National Legal Adviser from interfering with the State Legal Adviser’s duties on behalf of the Rivers State PDP chapter.
The court based its decision on Article 46 (1) of the PDP constitution, which empowers the State Legal Adviser with the same authority as the National Legal Adviser, as stipulated in Article 42.
The injunction effectively bars the National Legal Adviser from objecting to the State Legal Adviser’s performance of their functions, ensuring the State Legal Adviser can carry out their duties without hindrance.
The court struck out all processes filed by Ajibade and awarded ₦100,000 in costs to Joshua Musa.
The court, however, adjourned till the October 16, to take adoption of processes filed in the originating summons
In a related development, the court in a Suit No: FHC/PH/269/2023 filed by members of the Because Of Our Tomorrow (BOOT) party in Rivers State, against Martin Amaewhule and 25 others, adjourned till November 4, for a hearing on the motion on legal representation.
It follows an argument by the lawyer sent by the National Legal Adviser of the PDP, B. R. Gold, a Senior Advocate of Nigeria (SAN), that he is the legal representation for the party on the matter.
The judge, Justice Obile, also adjourned till October 16, for a report of service on the suit filed by the Labour Party against the Rivers State House Assembly, Martin Amaewhule and 28 others
Speaking outside the courtroom, counsel for the State Legal Adviser of PDP, Musa, explained that the State Legal Adviser instructed them to file processes on behalf of the party, as the matters pertained to the party’s affairs in Rivers State.
He said the National Legal Adviser attempted to disqualify them from appearing in the matter, claiming they had not been instructed to represent the party.
The council highlighted a 2023 Federal High Court judgement by Justice Ekwa, which established the State Legal Adviser’s jurisdictional powers to appoint legal representation for state-level party affairs.
Musa said despite this, the National Legal Adviser failed to appeal the judgement and instead filed processes to disqualify them.
He said: “There are so many suits that have been instituted by parties in Rivers State; there were suits that were filed against the PDP, but as it concerns the affairs of the party in the state.
“The state legal adviser gave us instructions to file processes on behalf of the party because it concerns the affairs of the party in Rivers State.
“The national legal adviser came and filed processes that they should disqualify me from appearing in the matter and that he did not instruct me to represent the party.
“Meanwhile, while there was a judgement of the Federal High Court in 2023 by Justice Ekwa to the effect that as related to the affairs of the party at the state level, the state legal adviser is vested with jurisdictional powers to appoint legal representation and the National Legal Adviser knew about it. And they did not appeal against that judgement.
“So, he came here grandstanding, filing processes to disqualify me. And today, the court delivered ruling that I am qualified to represent the party because it relates to the affairs of the party in the state.”