The High Court of the Federal Capital Territory (FCT) in Kubwa, Abuja, has on Friday eased the interlocutory injunction earlier issued to stop the National Convention of the All Progressive Congress (APC) from holding.
Following an application by APC’s legal team, Bello Kawo, the judge, vacated the order earlier made on 18 November 2021 relying on a recent Supreme Court judgement which states that a party member has no right to sue the party.
A member of the All Progressive Congress (APC), Salisu Umoru, had died Governor of Yobe state, Mai Mala Buni, Chairman Caretaker Extraordinary Convention Planning Committee; and Independent National Electoral Commission (INEC), seeking to restrain them from organizing the party’s convention.
Kawu adjourned the case till March 30 hearing of the substantive suit.
Shuaibu Aruwa, Senior Advocate of Nigeria, had applied for an order setting aside of the interlocutory order striking out the suit on want of jurisdiction.
The application, he said, is supported by a five paragraph affidavit, a written address and adopted all the process and prayed the court to grant them in interest if justice.
Aruwa added that Mike Enaharo-Ebah, the claimant counsel did not file any process to counter the application.
Enaharo-Ebah responded that Aruwa served him on the 11th and his seven days had not relapsed adding that his right to respond in lined with the rules of the court had been shut out. However he asked the court to reconsider adjournment so that he will file counter affidavit.
Aruwa however stated that he served Enaharo-Ebah since March 9 through F. O Ekpa, the former claimant counsel adding the seven days elapsed March 16.
Enaharo-Ebah had earlier 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.
”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 Nov. 18, 2021 restraining APC from proceeding with its convention pending the determination of the suit,” he said.
Aruwa in response said he had filed a five paragraph counter affidavit and relied on all the paragraph attached is a letter written by APC and Bumi, communicating himself and the former claimant counsel.
He said they had agreed their application will be taken on March 14 or March 15 and the former counsel endorsed it.
“The application for review of date is not strange it was agreed between me and the former counsel, ” Aruwa said.
Alhassan Umar, SAN, counsel to INEC, agreed with Ariwa’s submission and referred the court to order 43 rule 8 of the rules of the court adding that the change of date was based on agreed terms by both parties.