“Justice Onome Marshal Umukoro said the suspension of the officers would remain in force until the determination of the substantive suit before it”
The Caretaker Chairman of the All Progressives Congress (APC) and Yobe Governor Mai Mala Buni has been restrained from acting or parading himself in that capacity.
Buni and other members of the committee are also restrained from functioning as the party’s Extraordinary Convention Planning Committee.
An Asaba High Court in Delta State gave the interim order in a suit filed by the state APC Deputy Chairman, Olorogun Elvis Ayomanor and other officials.
Giving the ruling, Justice Onome Marshal Umukoro said the suspension of the officers would remain in force until the determination of the substantive suit before it.
Umukoro also stopped the scheduled APC Local Government Congress in Delta State scheduled for Saturday, September 4.
Olorogun Elvis Ayomanor and other APC officials had 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.
Among the reliefs being sought by the Claimants/Applicants is, “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 argued that the ex-parte motion before the court did not not require the consideration of the parties in the suit.
Justice Umukoro granted a seven day 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.
He also granted 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.
Further hearing in the case was adjourned untill September 7.
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