The Port Harcourt division of the Federal High Court has ruled that the state chapter of the Peoples Democratic Party (PDP), has the right to appoint legal counsel for themselves without interference from the National Legal Adviser of the party.
This followed a suit brought before the presiding judge, Mohammed Obile by the National legal adviser of the PDP, challenging the authority of the state legal adviser of the PDP in Rivers state, to appoint legal representation in a case filed by the Boot party seeking to declare the seats of Martin Amaewhule and 27 others vacant, following their defection to the APC which the PDP had applied to be joined.
The Rivers state chapter of the PDP had appointed a lawyer, Joshua Musa SAN to represent them, but the national legal adviser of the party, Kamaldeen Ajibade SAN also appeared in court to represent the party as well, and argued that as a national legal adviser, he is saddled with the responsibility of defending the party and its candidates in court.
He further objected to the appearance of Musa in court, saying the state has no authority to appoint legal representation without the permission of the national body.
In his ruling however, Justice Obile held that Ajibade SAN has no authority to challenge the appointment of Joshua Musa, and that the national legal adviser is hereby restrained from denying the state legal adviser the right to appoint legal representation.
All objections filed by Ajibade were struck out and 100,000 cost was awarded against him.
