The Court of Appeal sitting in Abuja has affirmed the judgment of the Federal High Court delivered on November 14 by Justice Peter Lifu, which restrained the Peoples Democratic Party (PDP) from proceeding with its November 15-16 national convention in Ibadan without allowing former Jigawa State Governor, Sule Lamido, the opportunity to participate as a chairmanship candidate.
In a unanimous decision delivered by a three-member panel, the appellate court held that the PDP acted in contempt of court by going ahead with the convention despite a subsisting order directing it to include Lamido in the process.
The court observed that it was not disputed that the party conducted the convention in Ibadan even while the order of the Federal High Court remained valid.
According to the panel, proceeding with the convention despite the order amounted to a clear disregard for the authority of the court.
The judges described the action as contemptuous and indicative of a lack of respect for the judicial process.
The PDP had argued that it relied on another judgment delivered by a court of coordinate jurisdiction in deciding to proceed with the convention.
However, the Court of Appeal rejected the argument, stressing that parties involved in litigation do not have the right to decide which court orders to obey or ignore.
The court held that, “it is not for any party in a case to decide which order to obey or ignore.”
The appellate court further stated that the appropriate step for the PDP would have been to seek a stay of execution of the Federal High Court judgment or file an appeal against it before taking any action.
By failing to do so, the party acted outside the bounds of lawful conduct, the court said.
In its ruling, the appellate panel also affirmed that the Federal High Court acted properly in assuming jurisdiction over the matter filed by Lamido.
It held that the trial court was right to grant the relief sought by the former governor.
Consequently, the Court of Appeal dismissed the PDP’s appeal, describing it as lacking merit. As part of its ruling, the court also ordered the PDP to pay a cost of ₦2 million.
Follow Us On Google
Join the conversation
Comments
Want to discuss? Please read our Commenting Policy first.