Appearance of disengaged PDP counsel stalls senatorial legal tussle in A/Ibom North

There was a mild drama at the Court of Appeal Wednesday when the legal counsel disengaged by People Democratic Party (PDP), Barrister G. A. Umoh Esq reappeared and announced his representation for the party (PDP).

The National Legal Adviser of the party, Barr. Dave Iorhemba had in a letter dated September 5th 2017, signed by him, titled ‘Debriefing Re: CA/C/104/2017-PDP vs. Hon. Bassey Etim & ORS delivered to the legal adviser of the party in Uyo, announced the debriefing of Umoh.

The letter said, “You are hereby directed to discontinue your representation of the PDP in the above appeal. You are by this letter debriefed from representing the PDP in this appeal and further directed to return all processes in your possession to the undersigned.”

In another letter to the counsels, the National Legal Adviser of the party also informed the parties respectively that the PDP, the appellant herein intends and doth hereby wholly withdraw this appeal against all the respondents in the above mentioned appeal.

“Take notice that the appellant hereby, withdraw all the processes including the notices of appeal and brief of argument filed by the erstwhile counsel for the party.”

The reason for the action was that the suit, subject matter of this appeal is in respect of the primary election of the PDP conducted on the 7th December 2014 for Akwa Ibom State North East Senatorial election.

The suit and the subsequent appeals border on the rightful candidate of the party. The position of the party is that the issues culminating in this case and the subsequent appeals are intra party affairs,

it will be inappropriate for the party to display partisanship in the matter, in keeping with internal democratic principles, the party is maintaining neutrality in the suit and all the erstwhile counsels for the party have been disengaged and duly notified.

Consequently, when the matter came up at the Court of Appeal, Barr Umoh announced his representation of the PDP, the appellant in the matter.

He filed a motion on notice soliciting for an order granting the appellant to withdraw the notice of withdrawal of the appeal and an order striking out the notice of withdrawal of appeal.

According to him the National Chairman of the party, Sen. Ahmed Makarfi in an affidavit said “That I have been present and also presided in all the meetings of the National Working Committee and National Executive Committee and no decision whatsoever at all was taken for the withdrawal of appeal.

“That I, as the Chairman of the PDP never instructed David K. Iorhemba or any other counsel to withdraw appeal, that the act of the said David Iorhemba is fraudulent representation and misrepresentation of facts against the interest of the appellant.

“That the said David Iorhemba’s notice of withdrawal filed on the 14/9/2017 was fraudulently procured, consequently, he has been removed from his post as the Acting National Legal Adviser for abuse of office,

that the act of and purported debriefing of G. A. Umoh was carried out behind the appellant and was calculated by David Iorhemba to achieve his fraudulent notice of withdrawal.”

After listening to the argument by the counsels, the Justices of the Court of Appeal adjourned the case to November 13 for filling and adoption of brief.

It will recalled that three different counsels representing the PDP in a matter between Bassey Albert Akpan and three others in the court of appeal almost stalled court proceedings.

When the matter in Appeal No CA/C/87/2017 and Suit No FHC/UY/CS.1087/2015 was called, three different lawyers announced their representations for the second respondent, PDP.

Two of the lawyers who came from Abuja announced their representation for PDP while the other who who has been handling the matter from the lower court, Godwin Umoh who came from Akwa Ibom announced his representation for same PDP.

The three lawyers jostled for the representation and for several minutes the Justices waded in and said if the party failed to present one counsel, they would have no option but to choose a counsel for the party. They however, stepped down the matter for two hours to enable the counsels’ sort themselves out.

Interestingly, Godwin Umoh, later told the court that he only saw the two lawyers in the court room and was never informed what they came for until they announced their representation.

He said he was surprised to note that they are representing the PDP as he had been representing the party in the lower court (Federal High Court) without anybody coming up from PDP Abuja.

Edem Bassey, Calabar