Lagos — The Anambra state chapter of the Peoples Democratic Party (PDP) and its followership appear to be at the cross-roads. The reason is not far-fetched. Following the bungling of the Chief Chuma Nwofor led congresses committee to organize a credible and acceptable congresses for the state chapter which were supposed to begin on August 30, 2008 and end on September 13, 2008,the crisis of confidence and control of the party machinery in the state which started way back in 2004 assumed a frightening and intractable dimension.

The National Chairman of the party, Chief Vincent Ogbulafor and the party's National Working Committee (NWC) quickly responded to the situation by appointing yet another committee led by former Minister of Information, Professor Jerry Gana, a member of the PDP Board of Trustees (BOT) to within 14 days find a way of resolving the crisis by dialoguing with al known stakeholders of the state chapter. Although critics pointed out the illegality of the NWC constituting the Gana Committee, a task they contended was constitutionally the prerogative of the South East Zonal Office of the party, but the committee which chose to sit in Abuja to meet with the party's stakeholders from Anambra State for indiscernible reasons, though still sitting has exhausted the time frame given to it. Ogbulafor had while inaugurating the committee warned that it would be the last to be appointed into the crisis torn chapter and that its failure to find a solution would force the party into adopting a more drastic measure that would be biding on all members.

But even as it appears that the Gana-led commitee is making progress, some former executive members of the party who felt that they were illegally removed from office had since approached the courts to try to get reinstated into office as the genuine executive of the state chapter that should be recognized. For instance, the Uchenna Emodi-led executive of the state chapter which was sacked in 2006 by the party's NWC appeared before an Onitsha High Court presided over by Hon. Justice Chinwe Iyizoba to complain of the unconstitutionality of its removal and asked to be reinstated. The court has since granted this prayer which the PDP NWC said it would obey even as it also hinted of appealing against this decision of the court. But it appears, legal luminaries in Anambra Sate argue, that Justice Iyizoba's order may have been done without recourse to an existing but yet to be vacated order of a High Court of Anambra state which nullified the process that led to the emergence of the Emodi executive in the first place but which the national office of the party ignored.

THIS DAY checks in Anambra state revealed that the circumstances that led to the plethora of court cases and orders in the state chapter of PDP of late, their genuineness or otherwise notwithstanding, started way back in 2004. It was learnt that the Anambra state chapter of the PDP last had an elective congress in June 2002. That congress, findings show, produced Chief Don Onochie as the state chairman. Other elected members of the state executive included Ifeatu Obi-Okoye as Deputy Chairman, and Chief ROC Okpalaoka as the state secretary.

By January, 2003, Don Onochie resigned as the chairman of PDP and joined the Alliance for democracy (AD) with the then state Governor, Dr. Chinwoke Mbadinuju. In AD however, he also became the state chairman. Obi-Okoye , the then deputy chairman was hence sworn-in by the party's NWC as the acting state chairman in accordance with Article 15 of the PDP constitution. But sometime in June of 2004, the national leadership of the party now directed that vacancies in the state office to be filled in view of those who had defected to the AD.

Some of the vacancies to be filled included in particular that of the substantive state chairman, and a special state congress for this purpose was slated for the first day of July 2004. Prior to this, however, it was found that a new list of state officers was published by the NWC before the election. The list was to be the list of state officers who will attend that special congress. But by then, the Governor Chris Ngige abduction saga of May 10, 2004 and its attendant crisis had set in. Obviously, the Ngige crisis had divided members of the state executive committee of the party at the time into two camps - those sympathetic to his ordeal and those indifferent. THIS DAY checks also revealed that during this period, most members of the state executive were loyal to Ngige, while only a few, in fact not more than three namely, Obiokoye, Okpalaoka, and Chris Orajekwe (Vice-chairman, South) out of the 29 members of the state executive were on Chris Uba divide. Those others who were rooting for Ngige at the time, it was learnt, included Mr. Isaac Nwafor (Vice Chairman, Central Zone), Chief Roma Mocha (Vice Chairman, North, Princess Chinwe Onyeso (State Women Leader), Chinedu Nsoedo (Assistant Secretary) and Emma Obele (Assistant. Legal Adviser) , among others. The point to be noted here is that in the said changed list of state officers, all those perceived to be loyal to Ngige were excluded. And this is where the strum began.

Three elected members of the state executive namely, Mr. Ogugua Nwosu, (Financial Secretary), Emma Obele and Chinwe Onyeso went to Ogidi High Court in the Idemili judicial division of the state, and their recourse to this court gave rise to the commencement of Suit No: HID/106/2004. Now, they filed the substantive action together with the interlocutory application praying the court to restrain the PDP from holding the planned special state congress, until the determination of the substantive suit which hinged on who were the rightful state officers of PDP to attend the state congress. Those joined in the suit as defendants/ respondents included the then PDP National Chairman, Chief Audu Ogbeh, then Secretary, Prince Vincent Ogbulafor, then Governor of Anambra State, Dr. Chris Ngige, and then acting state chairman, Chief Ifeatu Obi-Okoye who was actually the 5th defendant / respondent and Chief Reuben Okpalaoka, then secretary of the state chapter. The PDP joined issues with the plaintiffs / applicants and was represented in the suit by Nobis Elendu.

On the 30th of June, 2004, the Ogidi High Court presided over by Hon. Justice Ernest O. Egbuna made the first order restraining the PDP from conducting the said special congress after reading the statement of claim, the motion for interlocutory injunction and the motion for interim injunction and hearing Chike Nonyelu Esq , counsel for the plaintiffs.

The court had ordered among others that: "in view of the urgency and weightiness of the subject matter, the motion on notice and motion exparte shall be taken immediately and together on 6th July, 2004.

"That to maintain the status-quo pending the hearing and disposal of the motion on notice, the defendants/ respondents are hereby restrained from convening or summoning or holding a meeting of the Anambra state Executive Committee of the PDP fixed for Thursday, 1st July 2004, at Cana House, Awka or any other venue or any other date. This order persists until the motion on notice is heard and determined.

The applicants are similarly restrained from convening or summoning or holding such above meeting until the disposal of the application for interlocutory injunction in the above suit.

"To avoid violence, the defendants / respondents are restrained from disturbing or harassing or in any manner preventing the plaintiffs from performing their duties or enjoying their offices as members of executive committee of the PDP in Anambra state pending the hearing and disposal of the application for interlocutory injunction in this suit".

The court had also ordered the order made on 30th June, 2004 be served on the defendants / respondents within 24 hours. The PDP lawyer, Nobis Elendu, later filed a notice of appeal against the ruling which was of course abandoned.

The truth however is that the PDP ignored this court order of 30th June 2004 and went ahead on the 30th of August, 2004 to hold the said special state congress using the new names they had earlier published as state officers and which excluded all those that were perceived to be loyal to Ngige. The Congress, it is instructive, was not even held in Anambra state but at the NICON Hilton Hotel, Abuja, a move political analysts in Anambra state described as very bizarre then. But on the 6th of September, 2004, after the said congress in Abuja where Uchenna Emordi was purported to have been elected, the plaintiffs in the Ogidi High Court matter again went back to the court and got a second court order - specifically nullifying the election and or selection of Uchenna Emodi and other officers in that special congress held at NICON HILTON Hotel. That was the second court order.

Again, the PDP it was found, didn't appeal against this particular order. While ignoring these first and second orders, the party continued to treat the Emodi- led executive as bonafide and substantive.

That is why some of the political analysts who spoke to THIS DAY in Anambra state contended that the PDP concocted and executed the problems in the state chapter of the party because of its manipulation of the list for the special state congress, disrespect for court order and the rule of law. Thus, the NWC of PDP found it expedient and easy to throw away the Emodi- led executive at the time and the way they did it without recourse to whose ox is gored. That, they contended, may also explain why Emodi did not contest his ignominious removal at the time knowing how he came in and the legal hiccups surrounding same, adding that it was a sad commentary on how the party at the centre related to their state organs under the Obasanjo administration.

This matter, THIS DAY found out, lingered in court until September , 2005 when PDP again wanted to have their affirmation congress/ validation of registered members. Now, on the 30th of September, 2005, the plaintiffs in the Ogidi High Court matter went back to the court to contest the exercise hence the Ogidi High Court on the same day made the interlocutory injunction restraining the PDP from embarking on the midterm congress and revalidation of membership register, an order which the PDP didn't again appeal against.

But on the 5th of September, 2005, the PDP commenced the ward congresses and revalidation of membership register in the state in total disobedience to the subsisting order. On the 29th of October, 2005, also in disobedience to the court order, the state congress was held which now produced for the second time the Uchenna Emodi- led executive. On the 21st of December, 2005, the same High Court at Ogidi nullified all the congresses from the ward to the state and the revalidation of membership register exercise and specifically ended all parties to the suit including the PDP, its then chairman, Ahmadu Ali, Secretary, Ogbulafor to return to the status quo ante 'bellium litem', meaning that the party should return to where it was in the state chapter before the beginning of hostilities.

Thereafter, THIS DAY check revealed that about June / July 2006, the Uchenna Emodi- led executive was removed from office by the NWC and a caretaker committee headed by Comrade Tony Nwoye was constituted. But before this, however, the Emodi- led executive has severally been nullified by order of court in the same suit, first on the 30th of September 2005, and 21st December, 2005.

Nwoye's era now continued till early February, 2008 when it was again sacked by the NWC of PDP and a divided state congress on 28th February, 2008 was held from where Bright Nebedum emerged along with 28 others.

At any rate, before the congress, the High Court of Anambra State in Ihiala, presided over by Justice B. A. Nwankwo had on February 27, 2008, granted an injunction in a matter with suit No: HIH1712008 brought before it by a former secretary of the party in the state, Chief Ken Emeakayi, restraining the PDP from holding that congress. Emeakayi and Nwoye had then said the order was served on PDP, and Nwoye as the then interim state chairman had gone on air informing his supporters of the said order, but the PDP which sent a representative to a factional congress venue on February 28, 2008, said it never received such order.

Interestingly, that suit was discontinued on the 4th of March, 2008, six clear days after the congress on 28th of February. The implication of this discontinuance THIS DAY found from legal experts in Anambra state last week that the orders of the court was subsisting on the 18th of February when the said Congress was held. And with respect to the High Court judgment in Aguata which was commenced by Chief Obi Okoye in an amended originating summon in Suit No: AG/82/2007 and 5th respondent in Suit No: HID/106/2004 at the Ogidi High Court in which the PDP, its National chairman, Chief Vincent Ogbulafor, National Secretary, Alhaji A. K. Baraje, Anthony Nwoye and one Emeka Ezeukoma of Awalasi village, Uga were defendants, he had raised the question for determination in that court matter to include namely: first, whether the order of the High Court of Anambra State in suit No: HID/106/2004 made by Hon. Justice Egbuna on Wednesday, the 30th day of June, 2004 is still valid and subsisting order of court; secondly, whether the order of the same court in the same suit and the same judge made on Monday the 6th day of September, 2004 restraining the respondent from holding any further meeting anywhere for the purpose of electing the state chairman or other officials of the PDP in Anambra state until the suit is completed and disposed off in still a valid and subsisting order.

Obi-Okoye had also wanted to know whether the order of the High Court of Anambra State in the same suit made by Justice J. O. Ernest Egbuna on Monday, September 6, 2004, directing the respondents to maintain the status quo as it existed as at 23rd of August, 2004 is still a valid and subsisting order of court and indeed, whether the order of the High Court of Anambra state made by Hon. Justice C. O. Amaechi on Friday, the 30th day of September, 2005 in suit No: HID/106/2004 directing all parties to maintain the status quo ante bellium litem is still a valid and subsisting order of court binding on all parties, including the defendants in the suit and their servants, agents and privies.

He had also asked the court to determine whether the 4th and 5th defendants (Nwoye and Ezeukoma) together with other state officers of PDP Anambra state chapter who purportedly elected / selected or appointed by 1st to 3rd defendants (PDP, its National Chairman and National Secretary) without regard to the subsisting orders of High Court(Supra of 30/6/2004, 06/09/2004 and 30/9/2005 can lawfully continue to summon, convene and preside over meetings of 1st defendant, Anambra state chapter or in any manner parade themselves as lawfully constituted state officers of the PDP, Anambra State Chapter.

And of course, whether the state congress held by the defendants in this suit on the 28th of February, 2008 in Anambra state and the state officers elected consequently upon the election held at the said state congress is valid having regard to the suit.

Obi-Okoye had then sought a declaration from the court that the only lawful state officers of the 1st defendant, Anambra state chapter, competent to exercise the rights, privileges or functions conferred on them as state officers by the PDP constitution, are those state officers that existed as at 23rd August, 2004 and led by him as the state chairman.

"That the 4th and 5th defendants together with other state officers, elected / selected or appointed by the 1st to 3rd defendants without regard to the subsisting court orders of 30th June, 2004, 6th September, 2004, 30th September, 2005 and 21st December, 2005 cannot lawfully continue to parade themselves or in any capacity perform the functions of state officers of the 1st defendant (PDP), Anambra State Chapter in exercise of their rights under the constitution of the PDP.

"An order restraining the respondents, their agents, or functionaries, from electing / appointing new state officers of the PDP, Anambra State Chapter until the hearing and final determination of suit No: HID/106/2004 still pending at the Idemili Judicial Division of the High Court of Anambra State.

"An order of court nullifying the Anambra State congress of the PDP held on the 28th of February, 2008.

"An order nullifying the election of all state officers of the first defendant, Anambra state chapter purported to have been elected at the state congress held on the 28th day of February, 2008.

"An order of court directing the defendants to return to the status quo as it existed on the 23rd day of August, 2004, until the final determination of the suit No: HID/106/2004 still pending at the Idemili Judicial Division of the High Court of Anambra State "

The plaintiff, Obi-Okoye, was represented by Emeka Agbapuonwu while the PDP was represented in the suit by Nobis Elendu who later disqualified himself from appearing and one Emeka Umejiako took over. Umejiaku, on his own part, after three appearances in the mater disqualified himself from further appearance on the ground that the PDP had failed to perfect his briefs and were not showing any interest in the matter. Thereafter, the suit proceeded to judgment on the 13th of October, 2008.

The presiding judge, Justice Celine Nweke, had granted all the relief sought by Obi-Okoye saying that he remained the only lawful executive as at the 23rd of August, 2004, competent to exercise the rights, privileges or functions of state officers of the state chapter of PDP by its constitution.

The court also held that every other office of the party purported to have been elected or selected afterwards was null and void having been done in contravention of subsisting orders of court, even as it restrained the party from appointing or recognizing any other officer until the determination and final disposition of suit No: HID/106/2004 pending at Ogidi High Court.

From the foregoing, legal luminaries in Anambra state who spoke to THIS DAY in Onitsha last week on condition of anonymity said the basis for Justice Nweke's judgment on the matter could be put in its proper perspective.

But curiously, as Justice Nweke was at Aguata on October 13, 2008 making a final order on Suit No: HID/106/2004, another judge, Justice Chinwe Iyizoba was in Onitsha the same day restraining the Uchenna Emodi- led executive who had in suit No: 0/231/2008 brought before it by Chief Ben Udeozor, suing for himself and on behalf of aggrieved Uchenna Emodi- led Anambra State, state executive officers of PDP in Anambra State, except Chief Chris Orajekwe, Mr. Tony Nwabuona, Mr. David Obah, Mr. Tony Nwoye and Newton Ibegbuna.

The plaintiff, who also joined the PDP, its national chairman, Prince Vincent Ogbulafor, Peter Nwahiri and Chuma Nwofor as defendants / applicants, Obi-Okoye in the matter of an application he brought sought to be joined as second set of defendant/ applicant.

The plaintiff had asked the court to reinstate the Emodi- led executive as it was unconstitutionally removed from office having been "properly elected in 2005 and unlawfully removed in June 2006".

But from all indications, both Udeozor and Emodi's matter before the High Court in Onitsha where Justice Iyizoba presides is a direct fall-out of PDP disobedience to subsisting orders of a High Court of competent jurisdiction since 2004 and its disregard for the rule of law appears to be the majority opinion of lawyers who volunteered to talk to THIS DAY on the matter. They also saw some of the pronouncements of the High Court in Onitsha as not well informed.

It is the opinion of legal experts in Anambra state that the conflicting orders emanating from the courts had from all indications and given the facts on the ground shown that the Aguata High Court judgment is a final order of court which the PDP and its NWC should actually note if they hope to progress in their quest to finding a lasting peace in the state chapter of the party and salvage it, more so, when the judgment in itself has disposed of the subject matter of the substantive claim before Justice Iyizoba because an interlocutory injunction seeks to pend the determination of the substantive suit, while the Aguata High Court order has determined the suit.

Legal opinion on the plethora of orders from the courts in Anambra state on the status of Anambra chapter of the chairman of the PDP also contend that the National Legal Adviser of PDP,Chief Olusola Oke may not have spoken from a well informed legal position on the matter in Anambra chapter of PDP before making a pronouncement that they will obey the order of court asking the PDP to reinstate the Emodi- led executive and at the same time not making a comment on the Aguata matter which is the final judgment.

But Chief R. O. C. Okpaloka, the Secretary of the Uchenna Emodi executive told newsmen in Awka that his executive has been reinstated by a High Court saying "since the PDP National Legal Adviser and the NWC endorsed same, it is final".