High Court of the Federal Capital Territory (FCT) in Kubwa, Abuja, has on Friday lifted an interlocutory injunction earlier issued to stop the All Progressives Congress (APC) National Convention from holding.
The judge, Bello Kawu, vacated the interlocutory order earlier made on November 18, 2021, following an application by APC’s legal team.
News Agency of Nigeria (NAN) reports that Mr Kawu vacated the order relying on a recent Supreme Court decision which held that a party member does not have the right to take the party to court.
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An APC member, Salisu Umoru, had sued the Chairman Caretaker Extraordinary Convention Planning Committee, Governor Mai Mala Buni of Yobe State, and the Independent National Electoral Commission (INEC), seeking an order to stop the planned convention of the party.
The judge had granted an interlocutory injunction sought by the applicant. Shuaibu Aruwa, a Senior Advocate of Nigeria had applied for an order setting aside the order.
Mr Aruwa urged the court to grant his clients’ prayer, set aside the interlocutory order and strike out the suit for lack of jurisdiction in the interest of justice.
The defence counsel added that the claimant’s counsel, Mike Enaharo-Ebah, did not file any process to counter his application.
In response, Mr Enaharo-Ebah said Mr Aruwa served him on March 11 and his seven days had not lapsed, adding that his right to respond in line with the rules of the court had been curtailed.
He, however, asked the court to adjourn for him to file a counter-affidavit.
Mr Aruwa, in response, said he served the claimant since March 9 through the former claimant’s counsel, F.O. Ekpa, adding that the seven days elapsed on March 16.
The judge granted the prayer by setting aside its earlier order stopping the APC convention. He, thereafter, adjourned the case until March 30 for the hearing of the substantive suit.
Earlier, Mr Enaharo-Ebah moved a motion dated March 10 pursuant to order 43 rule 1 of the rules of the court, seeking an order of the court setting aside the hearing notices of parties of this suit seeking abridgement of time of March 15 against March 30, for hearing.
He stated;
The second prayer is an order of the court setting aside every step taken by the APC and Buni for the fixing of March 26 for its convention. Third is setting aside every committee inaugurated by the APC and the report of such committees including any notice of purported notice of INEC.
The application is supported by a five-paragraph affidavit and one exhibit attached, which is the order of the court made on November 18, 2021 restraining APC from proceeding with its convention pending the determination of the suit.
In response, Mr Aruwa said he filed a five-paragraph counter-affidavit and relied on all the paragraphs and the attached letter written by APC and Mr Buni, to the party’s former lawyer and himself.
He stated they agreed that their application would be taken either on March 14 or March 15 and was endorsed by the former counsel.
Mr Aruwa noted;
The application for review of date is not strange it was agreed between me and the former counsel.
The counsel to INEC, Alhassan Umar, a Senior Advocate of Nigeria, supported Mr Aruwa’s submission and referred the court to order 43 rule 8 of the rules of the court. He added that the change of date was based on terms agreed by parties.
NAN reports that the convention is scheduled to hold on March 26, 2022.
