On Friday, the Federal High Court in Abuja issued a decision dismissing the restraining injunction against the APC’s National Convention, which was scheduled for March 26th.
In his judgement on Friday, Justice Bello Kawu declared that a member of a political party cannot sue the party.
According to Kawu, the November 18, 2021 decree has been superseded by a recent Supreme Court decision on a related issue.
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The substantive suit will be heard on March 30.
Salisu Umoru, a disgruntled member of the ruling party, has petitioned the court to prevent the party, its Caretaker Chairman, Mai Mala Buni, and the Independent National Electoral Commission from holding the party’s National Convention until the outcome of the case.
He also asked for a “interlocutory injunction prohibiting the 1st and 2nd defendants/respondents (APC and Governor Buni), their allies, agents, representatives, associates, or whoever is acting for them or through them from organizing, holding, or conducting the APC’s national convention in January and February 2022 or any other date either before or after pending the hearing and determination of the substantive suit,” according to the complaint.
The application to overturn the court’s November 18, 2021 judgment prohibiting the convention was halted on Tuesday after two APC lawyers, Shuaibu Aruwan (SAN) and Michael Adoyi, both declared attendance.
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In the application dated March 9, 2022, the APC was asking for “an order of this honourable court striking out the suit in its entirety for want of jurisdiction.
“And for such other order(s) as the honourable court may deem fit in the circumstance.”
However, Mike Enahoro-Eba, counsel to the claimant, Hon. Salisu Umoru, objected to the commencement of the hearing arguing that the rules permit the respondents seven days to reply to the application for setting aside.
He said the issue of defence counsel had just been resolved and they would need time to join issues with the pending applications before the court.
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