An Abuja High Court sitting in Kubwa, has vacated an interlocutory injunction stopping the All Progressives Congress National Convention from holding.
The plaintiff, Salisu Umoru, had dragged the APC, the Chairman Caretaker Extraordinary Convention Planning Committee, Gov. Mai Mala Buni and the Independent National Electoral Commission before the court to challenge the planned convention.
Justice Bello Kawu vacated the interlocutory order made on November 18, following the defence counsel, Shuaibu Aruwa, SAN’s application for the court to set it aside.
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Kawu vacated the order relying on the recent Supreme Court decision which held that a party member does not have the right to take the party to court.
He however adjourned the case until March 30 for a hearing of the substantive suit.
Aruwa had moved a motion seeking the setting aside of the interlocutory order and striking out the suit on want of jurisdiction.
He said the application was supported by a five-paragraph affidavit and a written address and adopted all the processes, praying the court to grant them in the interest of justice.
The defence counsel added that the claimant counsel, Mike Enaharo-Ebah did not file any process to counter his application.
In response, Enaharo-Ebah said Aruwa served him on March 11 and his seven days had not relapsed adding that his right to respond in line with the rules of the court had been shut out.
He however asked the court to reconsider an application to adjourn in other for him to file counter-affidavits.
Aruwa in response said he served the claimant since March 9 through the former claimant counsel, F.O. Ekpa adding that the seven days elapsed on March 16.
Earlier, 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.
”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.
Enaharo-Ebah said he filed a written address dated March 10 and rely on it as his argument, urging the court to grant his application.
In response Aruwa said he filed a five-paragraph counter-affidavit and relied on all the paragraphs attached is a letter written by APC and Buni, communicating the former claimant counsel and himself.
He said they agreed that their application would be taken either on March 14 or March 15 and was endorsed by the former counsel.
”The application for review of date is not strange it was agreed between me and the former counsel, ” Aruwa said.
The counsel to INEC, Alhassan Umar, SAN, aligned himself to Aruwa’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 terms agreed by parties.
NAN
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