February 7, 2022
The People’s Democratic Party (PDP) has been directed by Justice J. K. Omotosho of the Federal High Court in Abuja not to suspend or expel Governor Nyesom Wike of Rivers state from the party.
On Monday, February 6, the court issued the ruling in response to an ex parte motion Wike had brought against the PDP’s top leadership.
The PDP, its National Working Committee, National Executive Committee, National Chairman of the PDP Dr. Iyorchia Ayu, National Secretary of the PDP Senator Samuel Anyanwu, and the Independent National Electoral Commission are respondents in the motion with the file number FHC/ABJ/CS/139/2023, dated and filed on February 2.
By the motion, Wike prayed for order maintaining status quo and staying all actions in this matter relating to the threat to suspend or expel the him by the 1st to 5th Respondents, pending the hearing and determination of the originating motion.
Wike also asked for an order of the Court granting him leave to the to serve the motion on notice, originating motion and all other processes of the court in the suit on the 1st to 5th Respondents by substituted means to wit, by pasting all the said processes of Court on PDP National Secretariat.
The Rivers state Governor equally sought for an order deeming such service as made above as proper service.
Upon reading the affidavit in support of the motion exparte deposed to by one Precious Ikpe and filed at the Court Registry and after hearing Dr J Y Musa, for the Applicant, the court granted the reliefs sought.
Justice Omotosho ordered that ?all parties in this suit shall maintain peace and shall not take any action or step or act that may make the outcome of the Motion on Notice dated and filed 2nd February, 2023 nugatory and worthless.
?That any act or step or action made so as to make the outcome of the Motion on Notice dated and filed 2nd February, 2023 nugatory shall be a nullity.
?That leave is hereby granted to the Applicant to serve the Originating Motion, Motion on Notice and all other processes of this Court in this suit on the 1st to 5th Respondents by substituted means to wit, by pasting all the said processes of Court on PDP National Secretariat, Wadata Plaza, Wuse Zone S, Federal Capital Territory, Abuja.
The court has adjourned till 14th day of February, 2023, for hearing of the Motion on Notice dated and filed 2nd February, 2023.
Justice Omotosho further directed that hearing notice be issued and served to all the Respondents.