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Hon Martins Amaewhule and his colleagues
The Issue of who has the legal right to represent the People’s Democratic Party, PDP, in the defection case against Hon. Martins Amaewhule and 24 others of his colleagues who had defected to the All Progressives Congress, APC, Friday, stalled the smooth hearing of the matter.
The court was again yesterday greeted with two legal representatives for the PDP, who are seeking to be joined in the matter as interested parties for the PDP.
This was coming after the Chief Judge of the Federal High court Abuja, Hon. Justice John Tsoho, had reassigned the suit instituted by the BOOT Party challenging the defection of the embattled state lawmakers follow their resigning the PDP on which platform they were elected to the APC.
Earlier, the matter was being handled by Federal High Court 4, presided over by justice Stephen Dalyop Pam, Amaewhule who is a defendant in the suit had petitioned the Chief Judge of the Federal High Court, Tsoho, demanding that the matter be transferred to another court.
Pam, who on had last Monday informed the counsels in the matter of the petition requesting him to stay proceedings had discountenanced the latter after an intensive deliberation from the legal representations in the matter.
Pam had ruled to continue on the matter since the petitioner was deemed not to have been before the court since he could not file any response to any of motions, applications and affidavits in court within the time provided by law and adjourned till Friday, 28thJune.
However, the legal representatives and journalists were thrown into confusion, Friday 28, after they discovered that the matter has been moved to Court two in the same complex, presided over by Justice E. O. Obele.
Meanwhile, at the resumption of procedures at the new court, the day proceeding was again obstructed by two Senior Advocates of Nigeria (SAN) who appeared before the court laying claims to be the authentic legal representation for PDP in the matter.
Joshua Musa, SAN, informed the court that he was directed by the State Legal Adviser of PDP to handle the mater, citing a judgment a Federal High Court judgement involving Desmond Akawo.
He told the court that the State Legal Adviser of the party has the power to appoint legal representative for matters at the state level.
But, Rashq Gold, SAN, in his own submission told the court that he was briefed by the National Legal Adviser of PDP to stand in for the party and that the same Federal High Court judge been referred to by the state legal representative had in another case interpreted the constitution of the party in favour of the National Legal Adviser of PDP.
Gold noted that the court in that judgment held that it is only the National Legal Advisor of PDP that can instruct, defend and represent the party in any legal matter.
Meantime, the Presiding judge, Justice E. O. Obele, after much debate adjourned the matter to the 17thof July, 2024, to commence hearing and directed the two counsels for PDP to resolve their issues internally before returning to the court. (Vanguard)