Benue: Court bars PDP from conducting LG congress

Benue High Court, presided over by Justice J.M. Ayua, has issued an interim injunction, restraining the People's Democratic Party, PDP, and its officials from conducting Local Government Congress in six Local Government Areas, LGAs of the state. 

The order specifically affects the congresses scheduled for August 10 and 31, 2024, in Gboko, Buruku, Guma, Kwande, Ushongo, and Konshisha LGAs. 

The court's decision follows an ex parte motion brought by several applicants, including, Senator Orker Jev Emmanuel Yisa, Rt. Hon. Terseer Tsumba, Aondoyima Grace, Rt. Hon. Terngu Tsegba, Chief Barr. Isaac Nomishan, Chief Hon. (Dr.) David Tsevende and other prominent members of the PDP. 

The applicants argued that, conducting the congresses without resolving pending internal disputes would violate their constitutional rights and potentially cause irreparable harm.

In the ruling, Justice Ayua stated, “I have meticulously examined, x-rayed, and scanned the entire 47 averments deposed to by the 2nd applicant, Rt. Hon. Terseer Tsumba in support of the application as well as exhibits A, A1, B, C, D, E, F, G, G1, H, and I annexed thereto together with a written address accompanying the application.

“And having listened to F.T. Anongo Esq with G.M. Tyoh Esq ably moved the said ex parte application by adopting the written address, I am of the firm view that the application succeeds in part in respect of relief 1, having been satisfied that applicants have legal right which ought to be protected and that the issues raised in the originating summons are triable. In addition, I am convinced that the balance of convenience tilts in favor of the applicants, who stand to suffer irreparable damage without adequate monetary compensation." 

He further emphasized that the issues raised by the plaintiffs are triable, leading to the conclusion that the interim injunction was necessary to maintain the status quo until the court fully determines the matter.

While granting the first order, the court dismissed the second relief sought by the applicants, which aimed to prevent any tampering with the leadership of the Benue State Chapter of the PDP until new leadership is constituted. 

Justice Ayua found no substantial evidence to support this claim.

The motion on notice for further hearing is scheduled for August 16, 2024, and the respondents, including the PDP National Chairman and the Benue State Chapter Chairman, are expected to be served with the court's order for immediate compliance.

The court also clarified that the State Congress Election scheduled for August 31, 2024, remains unaffected by this order, as the motion on notice is expected to be heard before that date.

“For avoidance of doubt and clarity of purpose the State Congress Election scheduled for 31/8/2024 is not affected by the aforesaid order as the motion on notice already led is likely to be heard before that date or above date", the Judge stressed.