An Enugu State High Court has extended the order it earlier granted restraining a gubernatorial aspirant of the Peoples Democratic Party, PDP, in the state, Ayogu Eze, from parading himself as the governorship candidate of the party.
The court also granted the application by the applicant, Ifeanyi Ugwuanyi, and adjourned the case to December 22 for further hearing.
Mr. Ugwuanyi, a member of the House of Representatives, had instituted a suit at the court asking it to restrain Mr. Ayogu, a senator, from parading himself as the governorship candidate of the PDP.
Both lawmakers emerged victorious at the two separate primaries held in Enugu State on Monday last week.
The court, presided over by Justice R. O Odugu, did not only give an order restraining Mr. Eze from parading himself as the candidate on December 9, but also restrained the PDP from recognising or submitting any name other than that of Mr. Ugwuanyi as the party’s candidate for the state.
At the resumed hearing of the case on Monday, Mr. Ugwuanyi, through his counsel, Ogochukwu Onyekwuluje, brought a motion on notice for interlocutory injunction against the Mr. Eze and the party.
Mr. Onyekwuluje told the court that he had served all the processes to the party, which is the 2nd Defendant, but had not been able to serve the senator (1st Defendant) and went ahead to move a motion for substituted service of the Writ of Summons and all other processes in the suit on the 1st Defendant by substituted means.
The court, however, granted the application that the processes be served on the Mr. Eze by pasting same on the front entrance gate of his residence at No. 1 Ayogu Eze Close, Independence Layout, Enugu.
The Counsel to the PDP, P.H. Kylek, informed the court that he had filed a Memorandum of Appearance in the matter and asked for an adjournment to enable him file other processes in response to the processes filed by Mr. Ugwuanyi.
Mr. Odugu, however, granted the oral application made by Mr. Onyekwuluje under Order 39 Rule 4 of High Court Rules of Enugu State 2006, requesting the extension of lifespan of the Ex-parte Order.
The Court further ordered that a fresh copy of the order should be drawn upon and enrolled for service on Mr. Eze and thereafter adjourned the matter to December 22 for hearing of the substantive application by either the regular Court or vacation Court as the case may be, subject to the appropriate service of the processes on the 1st Defendant.