AN Enugu High Court presided over by Mr Justice R.N Onuorah Wednesday restrained the National Chairman of the Peoples Democratic Party (PDP), Dr Okwesilieze Nwodo, from functioning in that capacity, pending the determination of the motion on notice.

Nwodo is also restrained from exercising the rights, powers, functions as well as privileges attached to the office of the chairman of the PDP forth with.

Mr Justice Onuorah adjourned the matter till January 31 for further hearing.

The motion that led to the order is challenging Nwodo’s eligibility as a member of the party.

The Judge said, "After hearing the submissions of Mrs AJ Offia (SAN), counsel to the plaintiff and Prof Ilochi Okafor (SAN), counsel to the defendant.

An interim order is hereby therefore made restraining the defendant from exercising the rights, powers and or functions or enjoying the privileges attached to the office of the chairman of the Peoples Democratic Party pending the determination of the motion on notice for interlocutory injunction."

The order is sequel to a suit filed last December and supported by a written address and an affidavit of eight paragraphs by Mr Collins Amalu, of Okwe Amankwo, Ngwo, in Udi Local Government Area of Enugu State.

In his motion on notice dated December 6, 2010 and filed by his counsel, Abdulaziz C. Ogbui, the plaintiff sought "an order of interlocutory injunction restraining the defendant/respondent (Dr. Okwesilieze Nwodo) from holding himself out, and or allowing himself to be held out, as a member of the Peoples Democratic Party ("Party") and or an officer the party, to wit -the national chairman of the party, and or exercising the rights, powers and or functions of a member and an officer of the party and or enjoying any privilege as a member and or officer of the party."

Supporting his claim in an affidavit sworn to at the High Court registry in Enugu on December 6, 2010, the applicant, Mr. Amalu declared: "That I am a bona fide card-carrying member of the Peoples Democratic Party ("PDP" or "Party") from Ngwo Ward Udi Local Government Area of Enugu State.

"That on 25 November 2010, I came upon the publication of the interview of Dr. Okwesilieze Nwodo in Saturday Sun Newspaper of November 13, 2010, vol. 7 No.411, wherein Dr. Nwodo stated that he had not been registered as a member of the PDP in his local ward, and that he does not have the party’s membership card.

"That the PDP has a Constitution dated 22nd April, 2009 (As amended in 2009 (last amendment) which governs its affairs, including the procedure for, and conditions precedent to, becoming a member of the party.

"That under Article 8, particularly at article 8.2 to 8.10, of the PDP Constitution, a person would have to be registered as a member of the party at his Local Ward and issued with the party membership card before he could become a member of the party. Such a member is also required to pay his membership fee."

The national leadership of the Peoples Democratic Party (PDP) yesterday said it was not aware of any court order restraining Nwodo from acting as the national chairman.

The National Publicity Secretary of the party, Prof Rufai Ahmed Alkali, said the PDP has not been served with any such order.

"I am not aware of this. Right now it is almost 6p.m. and I have been here since morning and we have had series of meetings and nobody has brought any court order to my attention.

"I know that this party is a law-abiding party. We have said that repeatedly. We have demonstrated that we believe in the rule of law. That is why in the past three years we’ve had several tribunal and court cases challenging election of our governors, senators and every time, for example, the court takes a decision and passes a judgment, even if it is not in our favour, we have always implemented."

Nwodo’s media aide Ike Abonyi said the PDP boss cannot react to what he has not seen.

Abonyi said: "The chairman cannot react to what he has not seen. He has been busy planning for tomorrow’s Special National Convention of the party. He is aware that there are about 17 applications in court seeking to remove him as the national chairman. He has never been served in any of these cases."

Although it was not clear if any body from Enugu came to serve the order on the chairman, The Nation learnt that Nwodo who came to the office briefly and left might have tactically avoided service, in view of today’s convention of the party where he is expected to play a pivotal role.