The Federal High Court in Abuja yesterday ordered the People's Democratic Party (PDP) not to hold governorship primaries in Bayelsa State on Saturday as scheduled, pending the determination of a suit instituted by embattled Governor Timipre Sylva.Sylva, who was not cleared to stand in the primaries reportedly because of irreconcilable difference with President Goodluck Jonathan, is asking the court to declare him the rightful PDP governorship candidate for the February 2012 election, having won the primaries held in January.The Independent National Electoral Commission (INEC), the PDP and its acting national chairman Abubakar Baraje are listed as the defendants in the suit in that order.In the motion ex-parte filed on Monday, Sylva wants an order of interim injunction restraining the defendants from any activities leading to the holding of fresh gubernatorial primary election in Bayelsa State pending the determination of the motion on notice.He also asked the court to stop INEC from accepting any fresh name of PDP governorship candidate for Bayelsa to replace his name that had been submitted to the commission after the January primaries, pending the hearing and determination of the case.Sylva further demanded an order of interim injunction restraining PDP and Baraje from forwarding a fresh name of governorship candidate to INEC when he (Sylva) is still alive and has not withdrawn his candidacy for the governorship election of Bayelsa State.In the suit number FHC/ABJ/CS/931/2011, which was heard on Tuesday, the governor alternatively asks for a court order mandating the defendants to publish his name as an aspirant for the 19 November Bayelsa governorship primaries pending the determination of the motion on notice.Justice G.O. Kolawole gave the orders after reading the affidavit in support of the application sworn to by Imoh Udoh Tommy of 3 River Niger Street, Maitama, Abuja, together with exhibits, and after hearing the motion papers moved by the counsels to Sylva.The court ordered as follows: 'That the instant motion x-parte is not refused, but the defendants shall be put on notice of same and they shall within 72 hours of being served with the said motion on notice, show cause why the plaintiff shall not be entitled to the preservatory orders as the said prayers 1-3 on the motion ex-parte seek.'That in the event that the defendants when served with the originating summons, the motion on notice and the enrolment of these orders, the 2nd and 3rd defendants in particular, were unable to show such reasonable and or just cause why the orders shall not be made, this court will have no hesitation in either granting the said orders in the way and manner as couched or may grant prayer 4 as the alternative prayer as couched in the motion ex-parte.'That in the event, perhaps, unlikely that the 2nd defendant in defiance of these orders, take steps which may be prejudicial, perhaps subversive of these orders and of these proceedings before the return day which I have fixed at 22/11/2011, this court will without much ado, proceed to making such necessary orders to nullify such steps or decisions taken once they are served with the processes and/or orders made herein in order to uphold and protect the sanctity of the court's processes and to vindicate the integrity of the court as the established constitutional arbiter between the state and the citizens and between the citizens inter se.'Hearing on the motion on notice has been scheduled for Tuesday.PDP respondsBut the PDP yesterday said the Bayelsa governorship primaries would go ahead as earlier scheduled on Saturday because the party had not been served with any court order stopping the exercise.Spokesman for the party Rufai Ahmed Alkali said, 'Rumours of any court injunction therefore exist only in the fertile imagination of mischief makers who are bent on undermining the unity and cohesion of the Party in Bayelsa State.'It is a well-known fact that the PDP has always been at the forefront of the campaign for the observance of rule of law and due process. We shall continue to remain undaunted in upholding this principle. We shall however not surrender ourselves to rumours being orchestrated by undisciplined persons who have no regard for group ethics and party discipline.'He urged 'all party members in Bayelsa State to continue preparations for the primaries where a freely elected candidate shall emerge to fly the PDP's flag for the gubernatorial elections holding in February 2012.'Our reporter saw a copy of the court papers pasted on the gate of the PDP national secretariat in Abuja.Bayelsa's commissioner for Information and communications, Nathan Egba, told Daily Trust by telephone yesterday that 'The injunction was granted in 3 folds, that no other primaries should hold such as the one planned for Saturday; that the INEC should not receive the name of any candidate from PDP and that the PDP should not submit the name of any person as candidate on the basis that the party has held its governorship primaries in January2011 during which Governor Sylva emerged and that primary subsists because the election hasn't been held. So the governor remains the valid candidate since the electoral act has clearly given conditions for substitution of candidates which do not apply to Governor Sylva.
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