A High Court sitting in Abuja has today trashed the interlocutory injunction earlier issued restraining the All progressive Congress (APC) party from holding its National Convention. Following the application filed by the APC legal team, the presiding Judge, Bello Kawu vacated the order placed on the party on November 18, 2021. Justice Kawu throw his weight behind a Supreme Court ruling which held that the party members lack the locus standing to take the party to court.
Earlier, an APC stalwart, Salisu Umoru had approached the court praying that the court halts the APC, the Independent National Electoral Commission (INEC), and the chairman Extraordinary Caretaker Committee, Mai Mala Buni from conducting any National Convention under any guise.
Subsequently, 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 prey to the court to set aside the interlocutory injunction it placed on the party for lacking jurisdiction in the interest of justice.
He added that the defense claimant counsel, Mike Enaharo-Ebah, did not file any process to counter his application.
Responding, Enaharo kicked saying that he was served with the notice on 11th March and his right to respond within seven days is still in force.
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.
Consequently, 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.
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.
Meanwhile, the National Convention will hold as earlier scheduled on the 26th of March, 2022.
