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Fubara vs Wike: PDP Denies Filing Appeal in Rivers High Court Case

Posted by on July 16, 2024 0

Debo Ologunagba confirmed that the party did not file the said appeal nor authorize any external solicitor to file it on its behalf.

The national leadership of the Peoples Democratic Party has reacted to an appeal at the Court of Appeal, Port Harcourt Division, challenging the order of the Rivers State High Court.
The party denied filing any such appeal.
This order restrains the Chief Judge of Rivers State and the Clerk of the Rivers State House of Assembly from receiving or acting on any resolutions from the Martins Amaewhule-led faction of the Rivers State House of Assembly, pending the determination of a case before it.
The PDP’s national leadership stated that their attention had been drawn to a purported appeal filed at the Court of Appeal, Port Harcourt Division, regarding Suit No: PHC/2177/CS/2024, where the PDP is reportedly listed as the appellant.
In a statement by the National Publicity Secretary, Debo Ologunagba, it was emphasised that the PDP National Legal Adviser, Kamaldeen Ajibade, a Senior Advocate of Nigeria (SAN), confirmed that the party did not file the said appeal nor authorize any external solicitor to file it on its behalf.
Ologunagba insisted that “only the National Legal Adviser of the party has the exclusive responsibility of conducting litigation, prosecution, and defense of cases on behalf of the party, including its organs, chapters, and officials, as expressly provided for in Section 42 of the PDP’s Constitution as amended in 2017.”
The statement also referenced a public notice published on January 17, 2023, in which the party notified the public that “no authority, office, or organ other than the National Legal Adviser has the competence to file or engage external solicitors to handle cases on behalf of the party.“
 
It said, “Such engagements must be in writing under the hand of the National Legal Adviser, specifying the nature of the case and other terms and conditions of the engagement.”
The PDP thus dissociated itself from the purported appeal filed at the Court of Appeal, Port Harcourt Division.
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