Court strikes out Uba brothers' case against PDP on Anambra guber polls
A Federal High Court in Abuja on Thursday struck out an ex parte motion filed by Senator Andy Uba; his brother, Chris; and three others against their suspension from the Peoples Democratic Party by the National Working Committee of the party.
Justice Ahmed Mohammed struck out the ex parte motion that had been slated for hearing after counsel for the plaintiffs and the PDP agreed that the court should ignore their interlocutory applications and instead hear the substantive suit due to the urgent nature of the matter.
Also, PDP lawyer, Chief Joe Kyari-Gadzama, SAN, assured that the party would not take any action against the plaintiffs until the determination of the suit.
Justice Mohammed thereafter fixed September 17, to hear the substantive motion.
The PDP NWC had on August 29, 2013 suspended the Uba brothers, as well as Chief Benji Udeozor, Ejike Oguebego and Mrs. Tonia Nwankwu for conducting a parallel state congress for the nomination of a governorship candidate in Anambra State.
Andy Uba emerged the party's candidate in the said congress but the PDP national leadership endorsed Mr. Tony Nwoye, who was also elected as the party's candidate for the governorship election in another congress.
However, the suspension of Uba others was on August 30, 2013, stopped by the Abuja FHC, following an ex parte filed by their lawyer, Mr. Abe Taiwo.
The motion was granted after the PDP failed to comply with the court's order that it must come before it to explain why the application should not be granted.
As a result, Justice Mohammed granted an interim order 'suspending the suspension' pending the hearing and determination of the substantive motion.
He gave 'an order of interim injunction restraining the defendants/respondents (PDP, IG) by themselves of their agents, privies, servants, national officers, disciplinary committee or whatsoever from enforcing or carrying into effect, acting upon or giving effect, or doing anything whatsoever pursuant to the suspension letter issued and signed on all the plaintiffs/applicants by the Acting National Secretary of the 1st defendant/respondent dated 29 August, 2013, pending the hearing and determination of the motion on notice dated 28 August 28, 2013.'
In the same vein, the judge also made an order of interim injunction 'restraining the disciplinary committee constituted by PDP to try the plaintiffs from proceeding to take any actions that may jeopardise the plaintiffs' membership status at the PDP pending the hearing and determination of the motion.'