Secretary to the Government of the federation, Mr. Boss Gida Mustapha, Governor Rochas Okorocha, Governor Abdullahi Gandunje (Kano State) and former National Chairman of PDP, Alhaji Modu Sheriff at the mega Rally of South-East APC at Dan Anyiam Stadium Owerri on Tuesday, July 3, 2018. The state chapter and the stakeholders contended last night that the appeal filed against the holding of fresh congress had already been served on both Comrade Adams Oshiomhole and the national leadership of the party and warned them of the legal implications of going ahead with the fresh congresses slated for tomorrow/today.
In a letter addressed to the party’s national chairman by K. C. Nwufo (SAN) on behalf of APC’s stakeholders in the state, they warned that it would be contemptuous of the court for any congress to be held in Imo State or appointing any caretaker committee during the pendency of a motion on notice for interlocutory injunction pending the determination of the appeal against the judgement in suit no. FHC/OW/CS/69/2018.
It will be recalled that relying on the judgement of the Federal High Court dated July 6, 2018, which ordered fresh congresses in Imo State chapter of the party, the national secretariat of APC had scheduled to commence the congress tomorrow. But informing the party of the pendency of appeal against the judgement, Barrister Nwufo (SAN) informed the national leadership of APC that it is a settled matter by the Supreme Court that ‘’after the defendant has been notified of the pendency of a matter seeking an injunction, even though a temporary injunction be not granted, he acts at his peril and subject to the power of court to restore the status wholly irrespective of the merits as they may be ultimately decided.’’ The lawyer explained that once a suit seeking an injunction is pending in court, anybody who acts contrary to it is doing so at his own peril, as he is liable to be committed to prison for contempt of court.
He said, “Since we believe that we are in a democratic dispensation, we shall allow the rule of law to prevail. For the rule of law to prevail, we must not take the laws into our hands’’, the SAN warned. ‘’In a civilized society, such as Nigeria, once a matter is pending before a court, parties should stay further extra-judicial actions and allow the sacred wisdom that flows from the temple of justice to guide their conducts.’’ Similarly, in a letter dated July 18, 2018 by a law firm, Ahmed Raji & Co on behalf of the Imo State Chairman of APC, Chief Hilary Eke, the national chairman of the party was also informed of the pending appeals and motion for stay of execution in the same suit. The letter signed by Ahmed Raji (SAN) on behalf of the law firm, averred that in the recent congresses of APC in Imo State, Chief Eke and those he represents were elected as party officers in different capacities at the local government areas and state levels.
He added, “The said election was recognised and accepted by the party. However, certain aggrieved members of the party instituted an action at the Federal High Court, Owerri Judicial Division (suit No. FHC/OW/CS/69/2018) to challenge the election, on the primary ground that it was inconclusive.’’ On his part, the immediate National Organising Secretary of APC, Senator Osita Izunaso through his lawyer, Chief Soronnadi A. Njoku, in a letter dated July 17, 2018, also informed the National Legal Adviser of the party about the pendency of motion for injunction pending appeal in the same suit.
He equally advised the party to respect the judicial process by not taking any step whatsoever in respect of the subject matter of the said suit until the matter is fully and final resolved by the court.
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