A Federal High Court in Abuja has refused a
motion seeking to restrain the All Progressives Congress (APC) and the
Independent National Electoral Commission (INEC) from recognising Lagos State delegates for
Saturday’s national convention of the party.
Justice Babatunde
Quadri, who read a ruling prepared by Justice Binta Nyako, said the motion for
interlocutory injunction filed by a member of the APC in Lagos, Bunmi
Tayo Church,was without merit. He dismissed it.
Justice Quadri said it
was wrong to grant the orders sought by Church when all those to be
affected by the court’s pronouncement,who emerged from the Ward, local
government and state congresses of the party in Lagos, were not before the
court and had not been heard.
“This application cannot
be granted because all the parties to be affected by the reliefs sought are not
before the court. The application therefore fails,” the judge said.
He proceeded to grant
accelerated hearing in the substantive suit currently pending before Justice
Nyako.
Justice Quadri said he
was asked by Justice Nyako, who was bereaved, to help read the ruling which she
already prepared and signed.
He said the Federal
High Court’s Civil Procedure Rules, under Order 23 Rule 2, allows
that where a judge is bereaved, another judge can deliver a ruling signed by
the judge handling the case.
Church, whose
substantive suit marked: FHC/ABJ/CS/ 583/18, is challenging the outcome of the
last Ward, Local Government and State congresses of the APC in Lagos State, had
sought the interlocutory injunctions pending the determination of the main
suit.
He urged the court, in
the motion, to restrain defendants – APC and INEC – “from according recognition
or giving effect to the results of the 1st defendant’s (APC) Lagos chapter’s
purported Ward congress, Local Government congress and State congress pending
the determination of the substantive suit.”
In his affidavit supporting
the main suit, Church, who claimed to be interested in contesting for the
party’s Chairmanship position in Mushin Local Government in Lagos,
said he would have realised his ambition and become a delegate, but for the
unlawful way the congresses were conducted.
It is his contention
that the congresses conducted in Lagos were in violation of the party’s
constitution, its guidelines for the conduct of Ward, LG and state
congresses and the Constitution of Nigeria (as amended).
Church’s lawyer, Akin
Olujinmi (SAN), had while arguing the motion on June 14, contended that, since
the APC’s national convention was scheduled for June 23, there was need to
preserve the res (subject) of the substantive suit.
Bola Aidi, who
represented that APC queried the competence of the motion for interlocutory
injunctions and urged the court to refuse it.
INEC’s lawyer Alhassan
Umar also urged the court to refuse the motion on the grounds that it contains
similar prayers as those contained in the substantive suit.
The ruling is a blow
for the Fuad Oki group, claiming to be a faction of the Lagos APC.
Chairman of Lagos APC
Alhaji Tunde Balogun, expressed joy at the verdict. He was in court to
personally hear the ruling.
He said the applicant,
an ally of outgoing APC National legal Adviser Muiz Banire, was
seeking to drag the APC leadership and membership down based on framed-up
excuse.
One of the aspirants
for All Progressives Congress (APC) National Chairman Prof. Osarhiemen Osunbor,
has pulled out of the race.
He said Adams
Oshiomhole is experienced enough to lead the party.
Osunbor who visited
Oshiomhole’s campaign headquarters in company of his wife, explained that he
earlier joined the race not to fight Oshiomhole as being insinuated but to see
how he could contribute his quota to the growth of the party.
He said: “I came here
specially in solidarity with my wife and I want to say that you have the
experience and all it takes to lead APC. I want to state here that I never
joined the race to fight you, never.
“I appreciate the
relationship which has existed between your family and mine over the years. I
do not want this to destroy our relationship. I am happy the President is with
you and majority of our party leaders are with you and I have great respect for
Mr President.
“I am stepping down
for you and to support you because you are my brother, my friend and a man that
is well respected across the country.
Oshiomhole expressed
joy for the visit, saying he would work with leaders like Osunbor to move the
party forward.
“I think we have a
huge challenge ahead after the convention and we will need people
like Osunbor to assist. I am happy you decided to withdraw because somehow I
was worried due to the relationship we have enjoyed over the years,” he said.
The Nation
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