Abuja Court Vacates Order Stopping APC’s National Convention
The High Court of the Federal Capital Territory (FCT) in Kubwa, Abuja, 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.
The 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.
Court vacates order stopping APC’s National Convention
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.
