The court declared that following the resignation of Engr. Vita Abba as the Chairman of the Enugu State Chapter of the 1st Defendant (PDP), the Plaintiff as the Vice Chairman of the said Chapter, is entitled to act as Chairman of the said Chapter of the 1st Defendant pending the appointment of another Chairman from the area Engr. Vita Abba hails from.”
Aja had among other reliefs asked the court to determine “whether having regard to the provisions of Sections 35, 45(2) and (4), and 47(5) and (6) of the Constitution of the Peoples Democratic Party 2012 (as amended), following the resignation of Engr. Vita Abba as the Chairman of the Enugu State Chapter of the 1st Defendant, the Plaintiff (who is the Vice Chairman) is entitled to act as Chairman pending the appointment of another Chairman from the area Engr. Vita Abba hails from.
In his judgment, Justice Chukwu ordered that “the 4th Defendant (Ikeje Asogwa) is not entitled to hold himself out or perform the function of the Chairman of the Enugu State Chapter of the 1st Defendant not having been validly appointed.
He also ordered the setting aside of all acts performed by the 4th Defendant purporting to act or carry out the functions of the Chairman of the Enugu State Chapter of the party.
meanwhile in an amended affidavit in response to the originating summons in the case filed in a Federal High Court, Abuja, by the delegates elected at that congress, to safeguard the result of the congress, the PDP counsel, Frederick C. Olisa overrode his earlier submission and held that there was congress in Enugu State as reported by the Electoral Panel sent to conduct the congress.
He said that as of November 12, 2014 when he filed his earlier claim that there was no congress in Enugu State, he was not properly briefed partly because the report of the congress was still being compiled and analysed by the Office of the National Organising Secretary.
He explained that he was misled at the time of filing his earlier affidavit by a supervisor in the department of Organisation and Mobilization into believing that there was no congress, but who as it had turned out did not have credible information.
In a table attached to the amended affidavit showing states where congresses held to elect the ad-hoc delegates on November 1, 2014, Enugu was featured as number 19.
Titled, “Ward Congresses for 3 Ad-Hoc Delegates: Analysis of Reports/results Sheets” and signed by the National Organising Secretary, Abubakar Mustafa, the table provides the analysis of congresses in 34 states including Enugu State.
“In compliance with the timeline (time-table) for Congresses/Primaries leading to the 2015 General Elections, Ward Congresses for the election of 3 Ad-Hoc Delegates were conducted in 34 States and the FCT on Nov. 1, 2014 “, the National Organising Secretary said in the table.
The table itself is an attachment to a detailed report of the November 1, 2014 congresses addressed to the National Working Committee, NWC on November 12, 2014, giving the NWC members the benefit of information on how the elections were conducted in the 34 States featured in the report.