Enugu PDP: Aja can’t be acting chairman – Lawyer

Vice Chairman of Enugu State chapter of the Peoples Democratic Party (PDP), Elder David Aja, has been asked to stop parading himself as the acting chairman, following an earlier order of an Enugu High Court.

A Federal High Court sitting in Abuja had, on Tuesday, ruled that Elder David Aja should assume the position of acting chairman of the Enugu State PDP until the election of a new chairman.
Reacting to the court’s ruling, a Lagos-based lawyer, Mr. Charlie Agbo of Okechukwu Agbo and Co, said Aja could not be acting chairman of the state PDP because an Enugu High Court had earlier declared Chief Ikeje Asogwa the acting chairman of the state chapter of the party.
In a statement, Agbo said the ruling of the Abuja court on Aja could not hold because it had the same power as the Enugu High Court, which had earlier decided the matter in favour of Asogwa.
According to him, only a pronouncement by a superior court could overturn the earlier decision.
His words: “On November 7, 2014, Justice A. R. Ozoemena of the Enugu State High Court issued an injunction restraining Elder David Aja from parading himself as the acting chairman of the Peoples Democratic Party in Enugu State pending the determination of an action before his court. The matter, number E/439/2014, Chief Ikeje Asogwa V. David Aja led to the ex-parte order. The motion on notice was argued on November 14, 2014 and was adjourned to November 28, 2014 for ruling.
“On October 31, 2014, the State Executive Committee of the Enugu State chapter of the PDP, pursuant to Section 24(4) of the party’s constitution, elected Ikeje Asogwa the acting chairman of the party. This fact forms a substantial part of the matter before Justice Ozoemena of the Enugu State High Court which is still pending.”
“The Enugu State High Court is of coordinate jurisdiction with the Federal High Court. The implication of this is that until there is a pronouncement by the Enugu State High Court presided over by Justice Ozoemena, Elder David Aja cannot assume the chairmanship of the Enugu State chapter of the party. To do so, will be in contempt of the order of the Enugu State High Court.”
On what should be done, the lawyer warned Aja not to fall foul of contempt of court by parading himself as acting chairman of the Enugu PDP.