Delta State High Court sitting in Asaba, Wednesday, restrained Governor Mai Mala Buni of Yobe State along with other members from acting or parading themselves as the All Progressives Congress, APC, Caretaker/ Extraordinary Convention Planning Committee, CECPC until the determination of a substantive suit before the court.
The presiding Judge, Justice Onome Marshal Umukoro stopped the scheduled APC Local Government Congress in Delta State slated for September 4, 2021.
APC Deputy Chairman, Olorogun Elvis Ayomanor leading other officials of the Delta APC had approached the Court to challenge the outcome of the Ward Congress in the State.
In the ex-parte motion by the Claimants/ Applicants, lead counsel Mr Daubry Ebipade Richard prayed the Court to grant the seven-point reliefs sought, adding that going ahead with this Saturday, September 4 Local Government Congress in Delta State, would cause more damage to his clients.
Principal among the reliefs sought by the Claimants/Applicants was “An order of interim injunction of this Honourable Court restraining the 2nd – 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 – 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.
But counsel to the Claimants/Applicants, Mr Richard guided the learned silk to the fact that the matter before the court was an ex-parte motion, which does not require parties consideration.
In his ruling, Justice Umukoro granted seven days order of interim injunction restraining Governor Buni and the CECPC from conducting the Local Government and State Congresses slated 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”.
The matter was adjourned to September 7, 2021, for further hearing.
