A Federal Capital Territory High Court sitting in Kubwa on Friday vacated an interlocutory injunction earlier granted stopping the All Progressives Congress (APC) from holding its National Convention.
A member of the ruling party, Mallam Salisu Umoru, had dragged the party, the Chairman Caretaker Extraordinary Convention Planning Committee, Governor Mai Mala Buni, and the Independent National Electoral Commission before the court to challenge the planned March 26, 2022 national convention.
On November 18, Justice Bello Kawu granted the interim order stopping the convention.
But on Friday, the judge vacated the interlocutory order following the defence counsel, Shuaibu Aruwa, SAN’s application for the court to set it aside.
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 hearing 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 elapsed 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 order for him to file counter affidavits.
In his response, Aruwa 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 the date is not strange; it was agreed between me and the former counsel,” Aruwa said.
The counsel for 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.
Meanwhile, Buni on Friday, met with the committee’s Secretary, Senator John Akpanudoedehe, dispelling the rumour that the latter had been sacked.
The meeting was held a few hours after some youths within the party protested the alleged ‘sack’ of Akpanudoedehe.
The youths, under the aegis of Progressives Youth Movement, at a press briefing in Abuja, warned the party leaders against bringing up issues that they said could cause confusion before the national convention of the party next week.
Members of the APC CECPC had passed a vote of no confidence in Akpanudoedehe.
