From GODWIN TSA, Abuja
A Federal High Court sitting in Abuja on Friday turned down the request by the Peoples Democratic Party (PDP) and its National Chairman, Alhaji Bamanga Tukur seeking to stop the Independent National Electoral Commission [INEC] from recognizing, dealing and relating with the Abubakar Kawu Baraje-led faction of the party as the national officers of the party.
Justice Elvis Chukwu also refused the prayer by the Tukur-led PDP to restrain the Baraje faction from parading themselves as national officers of the party and from operating or opening a parallel national, state, local Government Area and Ward Secretariat of the party pending the determination of the motion on notice for interlocutory injunction.
In addition, they also failed to stop the Baraje led faction of the party from interfering and continued interference with the duties and functions of the newly elected Executives of the party.
Rather than grant the exparte injunction, Justice Chukwu said the defenadants should be put on notice and adjourned the case to September 12, 2013 for accelerated hearing.
Ruling on the application, Justice Chukwu held, “although I’m not afraid of granting an exparte order especially when it borders on issues capable of creating anarchy, I owe a duty to maintain a balance. In the circumstance, what I want to do is to order that they be put on notice.
“Both parties are to maintain status quo ante bellum pending the hearing and determination of the motion on notice. The time for hearing all the processes in this suit is to be abridged to four days.”
The court, however, granted an order directing that the originating summons and all other processes in the suit be served on the defendants by substituted means by pasting the processes on the entrance gate of their residences.
Tukur and his PDP had approached the court via a motion exparte brought pursuant to order 46 Rule 5  and order 6 Rule 5 [c]wherein the urged the court to grant the above reliefs.
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