Crisis over the planned South-West Zonal Congress of the Peoples’ Democratic Party (PDP) deepened on Friday as former Governor of Ekiti State, Chief Segun Oni wrote the Deputy President of the Senate and Secretary, Special Convention Planning Committee, Senator Ike Ekweremadu, telling the party to perish the thought of holding a fresh Congress in the South-West to elect new Zonal Executives of the party.
Oni, in a letter dated June 26, 2013 and signed by his counsel, Mr. Gboyega Oyewole, relied on “the pendency of an action in Suit No: AB/58/2013, challenging the dissolution of the Chief Segun Oni led South West Zonal Executive of the PDP.
In the suit, “there is a subsisting Motion on Notice seeking a prayer of the Court for ‘An Order of interlocutory injunction restraining the Defendants either by themselves, agents, officials or privies from interfering with the performance by the Claimants of their duties as the South West Zonal Executive Committee of the 3rd Defendant or in any other manner howsoever giving effect to or acting upon the decision of the 3rd Defendant purporting to dissolve the South West Zonal Executive Committee of the 3rd Defendant pending the hearing and determination of this suit.’
The letter, which was sent to the Deputy Senate President on Friday read in part; “We wish to humbly advise your distinguished self of the position of the law that when a Motion on Notice is pending before a Court of law and same has being served on all Parties, all the Parties are expected to fold their arms and refrain from doing anything capable of overreaching the pending application. EZEGBU VS. FATB LTD (1992) 1 NWLR Niki Tobi JCA (as he then was) stated: ‘Therefore once a Party is aware of a pending Court process, and whether the Court has not given a specific injunctive Order, Parties are bound to maintain the status quo pending the determination of the Court process.’
“You will agree with us Sir that holding a Zonal Congress during the pendency of this action and Motion on Notice would be tantamount to ‘giving effect to or acting upon the decision of the 3rd Defendant purporting to dissolve the South West Zonal Committee of the 3rd Defendant…’ which would be unlawful and illegal.
“The sustenance of the Rule of law is the cornerstone of the administration of President Goodluck Jonathan, GCFR and same has over the course of time being imbibed by the Peoples Democratic Party.
“It is therefore our humble expectation that haven been properly advised, you and the other members of the Committee and indeed the Peoples Democratic Party will refrain from proceeding with the South West Zonal Congress pending the outcome of this action and other actions on the same issue at the Court of Appeal.”
