Court insists on hearing Odigie-Oyegun, others in suit against APC’s tenure extension

Justice Nnamdi Dimgba, in a ruling yesterday, rejected three key prayers in a motion ex-parte argued for the plaintiffs by their lawyer, Ahmed Raji (SAN). Those rejected include the order of interim injunction restraining the party’s officials whose tenure extension is being challenged, from parading themselves as the party’s officials upon the expiration of their tenure on June 30, “unless they are democratically re-elected” at the party’s convention or congress organised for that purpose, pending the determination of the motion on notice for interlocutory injunction. The judge also rejected a prayer for an order of interim injunction restraining the third defendant (John Odigie-Oyegun) and other officials of the party elected between April and June 2014 from further parading themselves as officials of the party after June 30, 2018 “except they are re-elected at the convention or congress” of the party, pending the determination of the motion for interlocutory injunction. He also turned down a prayer for an order of interim injunction restraining the second and third defendants (APC and Odigie-Oyegun) “from further holding the fourth defendant (Osita Isunaso) as the National Organising Secretary” of the party “unless he is democratically elected at a convention/congress organised by the second defendant (APC) for that purpose”. Justice Dimgba, while rejecting the three prayers, noted that it would be “improper to grant them without hearing the respondents”. The judge elected to grant accelerated hearing of the suit. He said the court would prefer to determine the substantive suit before June 30, when the actual tenure of the affected APC officials would be deemed to be expired, rather than grant the interim orders. Justice Dimgba ordered that the respondents – the Independent National Electoral Commission (INEC), APC, Odigie-Oyegun and Isunaso – to be put on notice to enable them respond to the application for interim injunction. The judge also granted an order permitting the plaintiffs “to sue the third defendant (Odigie-Oyegun) in a representative capacity for himself and on behalf of the state, local government area, and Ward officials of the APC elected between April and June 2014”. He also granted leave to the plaintiffs to serve the originating summons and all other accompanying processes in the suit on the third and fourth defendants (Odigie-Oyegun and Isunaso) by substituted means through the 2nd defendant’s (APC) office at Plot 40, Blantyre Avenue, Wuse 2, Abuja”. The judge also gave an order “deeming the service of the originating summons and all other accompanying processes in this suit on the 3rd defendant (Odigie-Oyegun) in terms of Relief Two above, as proper service”. Justice Dimgba has adjourned to March 28 for the hearing of the plaintiffs’ motion for interlocutory injunction. A similar suit is also pending before the Federal High Court, Abuja filed by another aggrieved member of the APC in Imo State, Okere Uzochukwu. Uzochukwu claimed to be an aspirant to the state chairmanship position in his state.]]>