Onyekachi Eze 
The Peoples Democratic Party (PDP) has sent a highly worded petition to the Chief Justice of Nigeria (CJN), Justice Tanko Mohammed, against Justice Emmanuel Adema Obile of Federal High Court, Port Harcourt Division. Justice Obile is the judge handling the petition seeking to stop Governor Godwin Obaseki from contesting the June 25 PDP governorship primaries in Edo State. But PDP wants Justice Mohammed to take “immediate disciplinary action against Justice Obile for invidiously assuming jurisdiction and taking sides” in the matter.
In the petition, which was signed by Dakzel Longii Shamnas, an official of PDP Legal Department, the party argued that Justice Obile would not have assumed jurisdiction of the case, knowing that Port Harcourt Division of Federal High Court was chosen to make it impossible for the defendants to appear before the court and to have fair hearing in the matter. “This is reinforced by the applications for abridgement of time and substituted service as well as the time-bound nature of the primary election,” PDP stated. According to the party, Justice Obile did not approach the matter with circumspection, arguing that PDP as the principal defendant would be most affected by any order to be made by the court. “The headquarters of the PDP is in Abuja.
The screening of candidates for the gubernatorial election which the plaintiff is complaining of in the suit took place in Abuja. The headquarters of the Independent National Electoral Commission (INEC) is in Abuja. “On the other hand, the primary election is to take place in Benin City; and the 8th Defendant (Governor Godwin Obaseki) sought to be restrained from contesting the primary election is also based in Benin City. “Thus, there is no nexus between the facts of this matter and Port Harcourt.
“These facts ought to have been taken into consideration by Hon. Justice E.A. Obile in line with the dictates of the extant practice and procedure of the Federal Hugh Court in volatile pre-election matters such as the instant case,” PDP stated. The party said the intention to deny the defendants fair hearing was also borne out of the fact that the plaintiff applied for and was granted substituted service of the processes of the court as well as abridgment of time. It argued that the orders were made on June 22 while the primary election would hold on June 25, whereas the 30 days for the defendants to respond to suit was abridged to two days. PDP added that the matter was coming up on June 24, leaving the parties only one day to take further legal steps before the June 25 primary.
“The orders were made by a Judge of the Federal Hugh Court who should be cognizant of its implications. “It should also be pointed out that the said ex parte interim orders made on the 22th day of June 2020 were against the 7th, 8th and 9th defendants‚ none of whom is resident in, or carries on business in Port Harcourt,” the party further contended. It, therefore, wants Justice Obile to be sanctioned and the Chief Judge of the Federal High Court be advised to reassign the suit to a Judge of the Federal High Court sitting at the Abuja Division of the Court.
