BEVERLY HILLS, March 11, (THEWILL) – The Federal High Court in Lagos will this Monday hear a motion seeking to stop the All Progressives Congress (APC) National Executive Committee (NEC) emergency meeting scheduled for March 17, 2020 in Abuja.
The matter is before Justice Mohammed Liman.
The suit was filed on the same day the FCT High Court in Abuja ordered the APC to hold the NEC meeting and barred any party member from obstructing it.
Justice S.U. Bature gave the order Wednesday in suit filed by Comrade Mustapha Salihu, the party’s National Vice Chairman (Northwest), who is one of those seeking the ouster of Comrade Adams Oshiomhole as National Chairman.
The FCT High Court had in a separate lawsuit last week approved Oshiomhole’s suspension by the APC in Edo State, his home state, and ordered him to stand down from his post pending the determination of the suit filed by mainly members of the party in the state.
THEWILL reports that Justices Bature and Liman are presiding officers of courts that are of coordinate jurisdiction, which simply means that they cannot overrule each other.
But, the 13 members of the party supporting the suspended National Chairman in their suit before Justice Liman, claim that the notice of the meeting breached Article 2 and Article 25(b) and (c) of APC Constitution 2014 (as amended).
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The claimants are Ali Bukar Dolari, Shittu Shittu, Jotan Amos, John Ochalla, Gboyega Famodun, Bashiru Bolarinwa, Prophet Erue, Akin Oke, Initially Okopito, Ayo Afolabi, Nabena Yekini, Babatunde Balogun and Ibrahim Elsuidi.
The APC, Independent National Electoral Commission (INEC) and Inspector-General of Police are the defendants.
President Muhammadu Buhari approved the NEC meeting where analysts and senior party insiders say an acting national chairman will be appointed for the party to replace Oshiomhole.
Justice Liman held: “It is hereby ordered as follows: the Motion for interlocutory Injunction shall be heard on the 16th day of March 2020.”
He said the APC shall show cause “why an order shall not be made restraining it from conducting the meeting for the 17th day of March 2020.
“The applicant is granted leave to serve the originating processes, the motion for interlocutory injunction and the enrolled Order of the court by substituted means; that is by publication in two national dailies; the Vanguard and The Nation newspapers.”
The Applicants in their March 9 motion ex-parte are seeking four reliefs.
They are:” An interim injunction restraining the 1st Defendant from giving effect to the Notice of Meeting issued suo motu by one Victor Giadom purportedly convening an emergency meeting of the National Executive Committee of the All Progressives Congress to be held on Tuesday, 17th March, 2020 at the National Executive Committee Hall, National Secretariat, All Progressives Congress, No. 40 Blantyre Street, Wuse 2, Abuja.”
They are also praying for an Interim Injunction restraining INEC and the IGP “from giving effect to any resolution(s) and/or decision(s) made by any person(s) or organ of the Party that purports to convene, constitute and conduct an emergency of a meeting of the NEC” on March 17, pending the determination of the motion on notice.
