The Peoples Democratic Party has filed a motion seeking to set aside the order to replace Samuel Anyanwu as the National Secretary.
Recall that in a motion ex parte on Monday, Justice Cyprian Ajah of the High Court in Enugu granted an interim order directing the party to recognise Sunday Udeh-Okoye as the national secretary within 24 hours.
The defendants in the suit are the PDP; its National Chairman, Umar Damagun; National Secretary, Samuel Anyawu, (on behalf of himself and the National Executive Working Committee and the National Vice Chairman of the South East zone, Ali Odefa).
However, in a motion on notice dated and filed on October 24, the first to fourth defendants (PDP, Damagun and Anyawu) are asking the court to set aside the order, noting that it was obtained by fraud and suppression of material facts.
The applicants also faulted the order for not being specific as to what position Udeh-Okoye should fill.
They also said the court ought not to have granted the interim order because it is the same principal relief sought in the substantive suit.
The motion read: “That courts usually avoid the determination of the substantive Suit/Issues before it at interlocutory stage as a determination of the substantive Suit at the interlocutory stage will render the main suit nugatory, pre-emptive and useless at the end of the matter.
“That the said order No.2 contained in the enrolled order of this honourable court dated the 23rd day of October 2023 is not only inchoate but also speculative as the said order did not state in particular what Hon. S. K. F Udeh-Okoye is to be recognized as by the 2nd defendant.
“The first and second defendants applicants are confused and are very uncertain as to the purpose of the interim order of this honourable court … granted in favour of the plaintiff.”
The applicants also submitted that the suit is an abuse of the court process since a similar matter marked H/C/42/2023 pertaining to the office of national secretary is pending before a high court in Abia State.
They prayed the court to set aside the order.