January 23, (THEWILL) — A Federal High Court in Abuja has adjourned the hearing in the suit challenging the Kabiru Turaki-led leadership of the Peoples Democratic Party (PDP) to February 20, pending the determination of an appeal before the Court of Appeal.
The plaintiffs, Mohammed Abdulrahman and another, are seeking an order of injunction restraining Turaki and his group from parading themselves as representatives of the PDP in any capacity whatsoever.
At the resumed hearing, defence counsel, Chris Uche (SAN), applied for the withdrawal of the defendants’ application for stay of proceedings, which was not opposed by plaintiffs’ counsel, Onyeachi Ikpeazu (SAN). The trial judge subsequently struck out the application.
Uche informed the court that the record of appeal had already been entered at the appellate court, urging the trial judge to adjourn the matter to allow the Court of Appeal determine the appeal. He argued that once a record of appeal is entered, the trial court is divested of jurisdiction to continue hearing the suit.
However, Ikpeazu objected, contending that the defence request was not supported by an affidavit of facts and should therefore be declined.
In his ruling, Justice Abdulmalik agreed with the submissions of the defence counsel and adjourned the matter to February 20, pending the outcome of the appeal.
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