A High Court sitting in Asaba yesterday restrained Governor Mai Mala
Buni of Yobe State and other members of the All Progressives Congress
(APC) from acting or parading themselves as the National Caretaker
Committee of the party until the determination of a substantive suit
before the court.
The court, presided over by Justice Onome
Marshal Umukoro, also put on hold, the APC local government congress
scheduled for Saturday, September 4, 2021 in Delta State.
APC
Deputy Chairman, Olorogun Elvis Ayomanor, leading other officials of the
Delta APC, had approached the Court, following the July 10, 2021
controverted Ward Congress, which many members of the party claimed was
hijacked by certain elements within the party in the state.
In
the ex-parte motion by the Claimants/Applicants, lead counsel, Daubry
Ebipade Richard, prayed the court to grant the seven-point reliefs
sought, adding that going ahead with the Saturday, September 4, 2021
local government congress in the state, would cause more damage to the
persons and interests of his clients.
Principal among the reliefs
sought was “An order of interim injunction of this Honourable Court
restraining the 2nd to 14th Defendants/Respondents from further acting
or parading themselves as the members of the Caretaker/ Extraordinary
Convention Planning Committee (CECPC) of the 1st Defendant pending the
hearing and determination of the motion on notice already filed and
served in the suit.
“Alternatively, An order of interim
injunction of this Honourable Court restraining the 2nd-14th
Defendants/Respondents from conducting the Local Government and State
Congresses slated for September 4, 2021 or any other date, and other
Congresses of the 1st Defendant in Delta State, pending the hearing and
determination of the Motion on Notice already filed and served.
“An
order of interim injunction of this Honourable Court restraining the
2nd to 14th Defendants/Respondents from further acting or parading
themselves as the members of the Caretaker/Extraordinary Convention
Planning Committee (CECPC) of the 1st Defendant pending the hearing and
determination of the Motion on Notice already filed and served in the
suit.”
Lead counsel to the Defendants/Respondents, Robert
Emukpoeruo, SAN, had initially challenged the jurisdiction of the court
to entertain the suit but later on sought that certain parties be joined
as co-Defendants/Respondents.
However, counsel to the
Claimants/Applicants, Richard, guided the defence counsel to the fact
that the matter before the court was an ex-parte motion, which does not
require parties’ consideration.
In his brief ruling, Justice
Umukoro granted seven (7) days order of interim injunction restraining
Governor Buni and the CECPC from conducting the local government and
state congresses in Delta State scheduled for September 4, 2021 or any
other date, and other Congresses of the APC in Delta State, or parading
as National Caretaker Committee of the party, pending the hearing and
determination of the Motion on Notice already filed and served.
Umukoro
also granted that Governor Buni and others at the National leadership
be served Originating Summons “by means, to wit, by serving same on any
officer or staff of the All Progressives Congress, at the All
Progressives Congress National Secretariat at No. 40 Blantyre Street,
Wuse, Abuja, and deeming such service in the circumstances of this
case.”
While also “granting Leave to the Claimants/Applicants to
serve the Originating Summons and all other processes in this suit on
the 15th Defendants/Respondents by substituted means to wit by serving
same on any officer or staff of the Delta State Chapter of the All
Progressives Congress at the All Progressives Congress Delta State
Secretariat, Asaba, Delta State and deeming such service proper in the
circumstances of this case”.
Meanwhile, further hearing on the suit was adjourned till September 7, 2021.
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